CHARLES DE SOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) BY this Public Interest Litigation Writ Petition filed under Article 226 of Constitution of India, the petitioners are seeking the following reliefs :

(2.) THE petitioners are students of Law. It is submitted that Rule 118 of the Motor Vehicle Rules, 1989 empowers the officers of the Motor Vehicle Department to issue directions regarding transport vehicles that they should be fitted with speed governors (speed controlling devices). It is, therefore, contended that a writ of Mandamus may be issued directing the State Government to comply with the provisions of Rule 118.

(3.) MR . Nadkarni, learned Advocate General has submitted that the transport department has already issued a notification No.5/1/2008/TPT and by virtue of exercise of powers conferred under subrule (1) of Rule 118, the Government of Goa has notified that various categories of transport vehicles referred to in the said notification would be fitted with speed governors. It is, therefore, submitted that the Government had applied its mind and accordingly has taken decision by exercising powers vested in it under the provisions of the said Rules.