LAKKU VEERA VINODH Vs. TIRUMALA TIRUPATHI

JUDGEMENT

(1.) The proceedings of the General Manager, TTD Transport, Tirupati, dated 03-08-2011, by which, in pursuance of the recommendations of the Technical Report submitted by the Committee on 01-08-2011, permission was accorded to allow Tirupati based Tempo Traveller vehicles, models of 2009 and later to ply on Tirumala-Tirupati ghat roads, while Tempo Travellers of the same model belonging to other States are not allowed due to lack of experience of these drivers on Ghat roads, are under challenge in all these writ petitions at the instance of either the owners of the motor vehicles or the drivers affected respectively. The Joint Executive Officer, Tirumala appeared to have instructed the General Manager, TTD Transport and the Regional Transport Officer, Tirupati to inspect the Tempo Traveller vehicles and submit a Technical Report, as it was observed by the police and security department that the accidents involving such vehicles on Tirumala-Tirupati ghat roads are on the rise due to design problems in the brake system of these vehicles. The Committee in its Technical Report, dated 01-08-2011 stated that both the members considered the accidents data of these vehicles on ghat roads for the years 2009 to 2011 and heard the representative of the manufacturing company and the drivers and maxi cab associations. The Committee in its report felt that the brake system of the vehicles rolled out after December, 2008 has been upgraded and on inspecting a specified vehicle, the Committee found the brake system to have been strengthened as specified in the Report. The braking efficiency is also stated to have been improved due to increase of capacity of booster and overheating is said to have been reduced. The Committee also observed that majority of the accidents is due to inexperienced drivers of other States, namely, Tamil Nadu, Karnataka, Maharashtra, driving these vehicles on Tirumala-Tirupati ghat roads. Therefore, the Committee recommended to allow to operate Tempo Travellers of 2009 and later models of Tirupati based owners in the first phase, based on which experience, further course of action will be decided in regard to the models prior to 2009 and outside vehicles.

(2.) The above Report appeared to have resulted in Note orders by the joint Executive Officer of Tirumala, dated 02-08-2011, in pursuance of which, the impugned proceedings have been issued.

(3.) The said proceedings are challenged herein claiming that the restriction amounted to deprivation of fundamental rights of the drivers and owners of the prohibited vehicles with reference to Articles 14 and 19 (1) (g) of the Constitution of India and it was claimed that the prohibited vehicles were being operated on Tirumala-Tirupati ghat roads since long without any basis for any such adverse inferences against them. A reference also has been made to Sections 97, 97-A and 97-Bof A.P. Act 30 of 1987 questioning the jurisdiction of the Committee to recommend the manner in which they did.