R GANDHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS is a public interest litigation filed by a Senior Advocate of the Madras High Court. Prayer in the writ petition is for issuing a writ of Mandamus directing the respondents, namely, the State Government, and its subordinate officials and the Central Government, represented by the Ministry of Surface Transport and National Highways to strictly enforce the traffic regulations and restrictions as contemplated under the Motor Vehicles Act and the Rules and direct the respondents to enact fresh rules and regulations for punishing the encroachers of road margins and banning the use of public roads as drying yards for spreading agricultural produces.

(2.) THE petitioner, a Senior Advocate of this Court, has reflected his anguish over several motor accidents occurring daily and the consequent loss of lives. He has highlighted the fact that even though the Motor Vehicles Act contains several provisions empowering the concerned authorities to impose speed restrictions, parking restrictions, etc., yet the authorities do not make sincere effort to control the vehicles in the Highways as within the city limit. He has lamented the fact that the roads including the Highways are not suited to travel at more than 60 to 70 kms per hour and the roads are quite narrow which ultimately result not only in traffic congestion, but also at times collision between the vehicles. Even the speed limits prescribed for cars and heavy vehicles are not enforced strictly. It has been also highlighted that the highways and other roads do not have reasonable margin on either side for parking and even where the highways pass through some villages, invariably such roads, become constricted because of the unauthorised encroachment by many, particularly shop owners. Even at times the National Highway, State Highway and other public Highways are used as drying ground for paddy or other agricultural produce which cause the passing vehicles to skid thereby leading to unforeseen accidents. THE petitioner has also highlighted about the use of fish-carts (So far as this aspect is concerned, specific directions have already been issued by the High Court and, therefore, it is not necessary to refer to this aspect relating to use of fish-carts). THE petitioner has also pointed out about carrying of more passengers than the permissible limit in vehicles including autorickshaw. With such allegations, the petitioner has prayed for issuance of writ of Mandamus directing the respondents to enforce strictly the traffic rules and regulations and the provisions contained in the Motor Vehicles Act.

(3.) THOUGH we have no doubt that sincere efforts would be made to make the roads safer for the citizens, we expect the authorities concerned to bestow particular attention to following aspects: - (a)Adequate measures for enforcing speed regulations. (b)Strict vigil to prevent intoxicated drivers driving the vehicles. (c)Removal of encroachments from the roads and roads margins, of course, in accordance with law. (d)Strict regulations relating to public processions and public meetings, particularly over busy thoroughfare. (e)Prevention of traveling by passengers on footboards and rooftops of public service vehicles.