K. U. Paul v. State of Kerala, represented by the Secretary to the Government
2006-11-03
P.R.RAMAN, V.K.BALI
body2006
DigiLaw.ai
Judgment :- V.K. Bali, C.J. (Oral) K.U. Paul, the petitioner herein, by way of Public Interest Litigation seeks to declare that the strike conducted by the private stage carriage operators and truck owners in the State of Kerala from 30.10.2006 is illegal and unconstitutional. It is the case of the petitioner that private stage carriage operators and truck owners in Kerala have recently decided to keep the vehicles off the roads from Sunday, i.e. 29.10.2006, mid-night protesting the Government’s directive making speed governors mandatory for heavy vehicles registered in the State following the mandates laid down by the Honourable Supreme Court. Even though the State Cabinet decided to bring an ordinance to overcome the mandates laid down by the Supreme Court, the joint action council of the private stage carriage operators and truck owners have decided to go ahead with their strike. The strike resorted to by the stage carriage operators has caused inconvenience to the general public, largely affecting their fundamental right of freedom of movement under Articles 19(1)(d) and 21 of the Constitution of India. It is further the case of the petitioner that the Government is inactive and the statutory authorities are not proceeding against the offenders in accordance with the statutory mandates. 2. Sri. C.P. Sudhakara Prasad, learned Advocate General has handed over to us a communication from the Secretary to Government, Transport Department, Government of Kerala, which is addressed to him. A copy of the same has been made available to us, which we hereby place on record. 3. It has, inter alia, been mentioned in the communication aforesaid that the Government is taking action against the offenders. As per the Motor Vehicles Act, the Regional Transport Authorities are the authorities empowered to take action against permit holders, but they have to follow certain procedures and some of the Regional Transport Authorities have issued notice for cancellation of permit for not operating the vehicle as per Section 86 (1)(a) of the Motor Vehicles Act read with Rule 152 of the Kerala Motor Vehicles Rules. It is further mentioned that it is expected that the Regional Transport authorities will take appropriate action against the permit holders according to law. Meanwhile, State Government is taking all possible steps to maintain the conveyance facilities by operating more buses of K.S.R.T.C. and taking more number of trips.
It is further mentioned that it is expected that the Regional Transport authorities will take appropriate action against the permit holders according to law. Meanwhile, State Government is taking all possible steps to maintain the conveyance facilities by operating more buses of K.S.R.T.C. and taking more number of trips. District Collectors have been instructed to invoke the provisions of Kerala Requisition and Acquisition of Properties Act, 1981 and acquire vehicles for maintaining normalcy in passenger and goods transport. Government has also set up a Control Room at Thiruvananthapuram and are monitoring the situation continuously. 4. From the communication received by the Advocate General, the contention of the learned counsel for the petitioner that the Government is inactive and not taking steps may not be true. However, there is no manner of doubt that the strike resorted by the carriage operators is per se illegal. There cannot be any strike against the judgment rendered by the Court of competent jurisdiction and in the present case, as mentioned above, the condition of having governor to speed control has been issued by the highest court of the land. Confronted with the position as mentioned above, learned counsel representing the Kerala Private Bus Owners Association, Ernakulam, the 16th respondent, states that the operators in the State would only try to resolve the dispute by dialogue and by peaceful methods. They shall immediately withdraw the strike. In view of the stand taken by the Kerala Private Bus Owners Association, we do not wish to further delve on the issue, but to say that if despite the statement by the 16th respondent the strike is not withdrawn, the Government would be at liberty to resort to all measure to put an end to this illegal strike. Before we may part with this order, it may be mentioned that though the Kerala Private Lorry Owners Association, Cherootty Road, Kozhikode, the 17th respondent, has been served, nobody has chosen to appear on their behalf. The writ petition is disposed of as indicated above. I.A.No.15336 of 2006 shall stand dismissed.