BYOM MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The pleaded case in the writ petition reveals this. While the petitioner was returning with his wife on 8th Nov., 2015 to his residence at village Dakshin Belegachhi within Baruipur Police Station from Gopalpur within Sonarpur Police Station, his wife met a road accident. A three-wheeled engine van/motor van driven by an errant and reckless driver, hit the petitioner's wife resulting in her sustaining grievous injury. Since the petitioner's wife required immediate medical care and assistance, he rushed her to a nearby orthopaedic surgeon who prescribed a surgical operation. The petitioner thereafter ran from one Government hospital to the other, but failed to admit his wife owing to dearth of beds. Finding no other alternative, the petitioner obtained a loan returnable with high rate of interest from a private money lender and admitted his wife in a private nursing home on 12th Nov., 2015. The surgical operation was conducted on 13th Nov., 2015 where after the petitioner's wife was discharged on 16th Nov., 2015. Presently the petitioner's wife is completely bed-ridden and there is little possibility of her full recovery and restoration of normal health condition. On and from 20th Nov., 2015, the petitioner approached various authorities of the civil administration as well as the police administration seeking justice i.e. for banning and/or restricting plying of three-wheeled engine vans/motor vans (hereafter motorised vans) together with monetary compensation from the State.

(2.) All such representations not having been looked into by the civil and the police administration, the petitioner has presented this writ petition claiming, inter alia, the following relief : "(a) A writ of and/or in the nature of mandamus do commanding the respondent authorities, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith show cause as to why the petitioner's representations have not been rendered any kinds of importance and why any kinds of proceedings still not initiated against the illegal plying of Engine/Motor Van; (b) A writ of and/or in the nature of mandamus do commanding the respondent authorities, each one of them, their men, agents, servants, subordinates and/or assigns to consider the representations of the petitioner and direct the respondent authorities to take effective and fruitful steps to make complete restrictions and blanket banning of illegal plying of engine/motor Van;"

(3.) In paragraph 2 of the writ petition the petitioner has specifically pleaded as follows : "2. That your petitioner state that three-wheeled engine van/motor van is a living nightmare to the general citizens firstly because it does not have any effective brakes which can control the vehicle immediately, secondly it does not have any horns which can alert the public, thirdly if it metes with an accident general people will not get the advantage of "third party insurance claim" as neither it has registration number nor it has the requisite permission from Regional Transport Authority, fourthly it emits noxious carbon-dioxide and carbon-monoxide which alarmingly increase the pollution level of environment as it does not any pollution clearance/fit certificate and last but not the least it has been regularly plying carrying passengers as night without any provision of light and the entire scenario is more or less effective for West Bengal."