The Kerala High Court directed the State Police to take strict action against vehicle drivers or owners for overloading vehicles or using government nameplates without authorisation.
The petitioners, who are the President and Secretary respectively of All Kerala Truck Owners Association, have filed the Contempt Case (Civil) invoking the provisions under Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India, to issue notice to the respondents herein, frame charges against them, proceed against them, and punish them for wilful disobedience of the directions contained in the judgment of the Court in Anoop K.A. and another v. State of Kerala and others.
The respondent contended that the enforcement officers are taking stringent and effective actions against violation of Section 113 and 114 of MV Act, even though the officers are facing many backlash in the implementation of the same. There are no sufficient weight bridges within the distance limit as stipulated in Section 114 of Motor Vehicles Act.
The single judge bench of Justice Anil K. Narendran stated that in view of the direction contained in the judgment of the Court in Anoop K.A., in cases in which the offense of carrying overload in goods carriages is detected, the duly authorized police officers and the officers of the Motor Vehicles Department shall forthwith forward the driving license of the driver of the vehicle to the Licensing Authority, for initiating proceedings under sub-section (1) of Section 19 of the Motor Vehicles Act. It is for respondents to ensure strict compliance of the directions contained in the said judgment.
The court said that due to Covid-19 pandemic situation, the Enforcement Officers of the Motor Vehicles Department have shown leniency by not suspending the driving license except in grave offenses. The aforesaid stand taken by respondents are in violation of the statutory provisions referred to hereinbefore and also the directions contained in the judgment of the Court in Anoop K.A., which requires serious consideration by the Court.
The court stated that any interference with the enforcement activities of the officers in the Motor Vehicles Department, either by the Torus/tipper drivers and owners or by the office bearers of their unions, or any threat faced by such officers from their side, also requires serious consideration by the Court.
The court listed the matter on 25.02.2022.
Case title: Anoop K.A. and Ors v/s K.R. Jyothylal and Ors.
Citation: CONTEMPT CASE(C) NO. 1728 OF 2021(S) IN WP(C) 39574/2018