TAMILNADU NURSERY PRIMARY MATRICULATION AND HIGHER SECONDARY SCHOOLS ASSOCIATION Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records passed by the 1st respondent in impugned G.O.Ms.No.563 of Home (Transport-V) Department dated 10.06.2010 and to quash the same as it is passed by the respondent without any statutory powers and is against the Constitution of India and to direct the respondents not to seek for the imposition of the Speed Governor infuture. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records passed by the 1st respondent in impugned G.O.Ms.No.563 of Home (Transport-V) Department dated 10.06.2010 and to quash the same as it is passed by the respondent without any statutory powers and is against the Constitution of India and to direct the respondents not to seek for the imposition of the Speed Governor in future. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records passed by the 1st respondent in impugned G.O.Ms.No.563 of Home (Transport-V) Department dated 10.06.2010 and to quash the same as it is passed by the respondent without any statutory powers and is against the Constitution of India and to direct the respondents not to seek for the imposition of the Speed Governor infuture. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records passed by the 1st respondent in impugned G.O.Ms.No.563 of Home (Transport-V) Department dated 10.06.2010 and to quash the same as it is passed by the respondent without any statutory powers and is against the Constitution of India and to direct the respondents not to seek for the imposition of the Speed Governor in future PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport V) Department dated 10th June 2010 and quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport V) Department dated 10th June 2010 in respect of Medium Passenger vehicles or Heavy Passenger vehicles owned by the Member Schools. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, Calling for the records of the 1st respondent herein in G.O.Ms.No.563 Home (Transport V) Department dt.10.6.2010 and quash the same and consequently forbear the respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.563 Home (Transport V) Department dt.10.6.2010 in respect of Medium Passenger vehicles or Heavy Passenger vehicles owned by the Educational Institutions of the petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the respondents relating to the order of the 1st respondent in G.O.Ms.No.563/Home-(Transport-V)/ Department dt.10.6.2010 and quash the same PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent herein in G.O.Ms.No.563 Home (Transport V) Department dated 10.06.2010 and quash the same and consequently forbear the Respondnets herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger vehicles owned by the Educational Institutions of Petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the 1st Respondent herein in G.O.Ms.No. 563 Home (Transport V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the Petitioner Institution and quash the same. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to Calling for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport V) Department dated 10.06.2010 and quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger vehicles owned by the Educational Institutions of Petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to Calling for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport V) Department dated 10.06.2010 and quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger vehicles owned by the Educational Institutions of Petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to Calling for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport V) Department dated 10.06.2010 and quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger vehicles owned by the Educational Institutions of Petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of the 1st respondent relating to G.O. (Ms) No. 563 Home (transport V) Department dt 10.6.2010 and to quash the same PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, Calling for the records of the respondent relating to the order of the 1st respondent in G.O.(Ms.) No.563 Home (Transport-V) Department dt.10.6.2010 and quash the same PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, Calling for the records of the respondent relating to the order of the 1st respondent in G.O.(Ms.) No.563 Home (Transport-V) Department dt.10.6.2010 and quash the same PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to cal for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 and quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Govt. Order in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the Educational Institutions of Petitioner PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, Calling for the records of the 1st respondent herein in G.O.No.563 Home (Transport V) Dept. dated 10th June 2010 and quash the same and consequently forbear the respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.No.563 Home (Transport V) Dept. dated 10th June 2010 in respect of Medium Passenger vehicles or heavy passenger vehicles owned by the members of Schools and Colleges of the petitioner association. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent herein in G.O.No.563 Home (Transport V) Dept. dated 10th June 2010 and quash the same and consequently forbear the respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.No.563 Home (Transport V) Dept. dated 10th June 2010 in respect of Medium Passenger vehicles or heavy passenger vehicles owned by the members of Schools and Colleges of the petitioner association. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, Calling for the records of the 1st Respondent herein in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 and to quash the same and consequently forbear the Respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the Educational Institutions of the Petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein in G.O.ms.No.563 Home (Transport-V) Department dt 10.6.2010 and to quash the same and consequently forbear the respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.Ms.No.563 Home (Transport-V) Department dt 10.6.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the Educational Institutions of the petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records relating to G.O. (Ms) No. 563 Home (Transport V) Dept. dt 10.6.2010 issued by the 1st respondent and quash the same. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 3rd respondent not to insist the petitioners Institutions Vehicles to fix the Speed Governor based upon the Judgment dated 8.11.2010 in WP.No.22121 of 2010. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 3rd respondent not to insist the petitioners Institutions Vehicles to fix the Speed Governor based upon the Judgment dated 8.11.2010 in WP.No.22121 of 2010.. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 3rd respondent not to insist the petitioners Institutions Vehicles to fix the Speed Governor based upon the Judgment dated 8.11.2010 in WP.No.22121 of 2010. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent herein in G.O.Ms. No.563 Home (Transport V) Department dt.10.6.2010 and quash the same and consequently forbear the respondents herein from in any manner insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.Ms.No.563 Home (Transport V) Department dt.10.6.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the petitioner. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, Calling for the records relating to the impugned G.o.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 issued by the 1st respondent quash the same and consequently forbearing the respondents and their subordinates from in any manner insisting on the petitioner school to fix Speed Governor as per the said G.O.Ms.No.563 Home (Transport-V) Department dated 10.06.2010 in respect of Medium Passenger vehicles or Heavy Passenger Vehicles including the vehicles bearing Registration Nos.TN 25U4333 and T.N.25S3594. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of certiorari, Calling for the records of the 1st respondent relating G.O.(Ms)No.563 Home (Transport-V) Department dated 10.06.2010 and quash the same. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of certiorari, calling for the records of the respondents relating to the order of the 1st respondent made in G.O. (Ms) No. 563 Home (Transport V) dt 10.6.2010 and quash the same so far as the petitioners are concerned. PRAYER: Petition filed under Article 226 of the Constitution of India, praying for a Writ of certiorari, to call for the records of the First respondent relating to the order made in G.O.(MS) No.563 Home (Transport-V) dated 10.06.2010 and quash the same so far as the petitioner is concerned.) These writ petitions have been filed with regard to the fixing of speed Governors, as per the Government Order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010, and to forbear the respondents from insisting on the petitioners fitting the speed governors, pursuant to the said government order, in respect of medium and heavy passenger motor vehicles.

(2.) THE petitioners have raised various grounds while challenging the government order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010, stating that the fixing of the maximum speed limit of 50 kms. per hour for the vehicles used by educational institutions, under Section 112(2) of the Motor Vehicles Act, 1988, is arbitrary and invalid in the eye of law.

(3.) EVEN though it is clear that, for the exercising of such powers, the State Government should be satisfied that the restriction of the speed of the vehicles is necessary in the interest of public safety or convenience or the nature of the bridge or the road, from the impugned Government Order it cannot be seen that there was such satisfaction before the speed limit had been fixed by the State Government. Hence, the impugned order of the State Government is liable to be set aside.