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Synopsis

The Madras High Court recently directed the state government of Tamil Nadu to ensure that stickers and artifacts containing “Emblem”, “G”, “Govt of India”, “Government of Tamil Nadu”, “High Court” and “Police” and such other institutions, are not being misused on private vehicles. 

"...upon detection of the same, action is required to be taken by the authorities", ordered the division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu.

The bench emphasised that it is the responsibility of the State authorities to ensure that the number plate stickers of the private vehicles are not in contravention of the Rules, Regulations and Executive Instructions.

The order was passed in a writ petition filed by one Dr. Krithika B seeking directions to the State Government's Home Department and Transport Department to remove such unauthorised stickers on all private vehicles and take necessary action in this regard. 

The counsel for the petitioner submitted that large number of persons are misusing such stickers and other artifacts on private vehicles, without authority.

Court pointed out an order passed by a single judge bench of the high court on January 5, 2022 wherein directions were issued to the Director General of Police, Tamil Nadu to issue wide publications through Visual Media and Press Media, providing an opportunity to all concerned to remove all kind of unauthorised usage of Flags, Emblems, Names, Symbols, Stickers, Seals, etc., within a period of one month, from the date of such publication.

Moreover, among other directions, the single judge bench had directed the DGP to register cases under the provisions of the concerned Act, on expiry of the said period of one month and prosecute the offenders.

The division bench said that the direction given by the single judge bench would take care of the grievance raised by the petitioner in the present writ petition also.

It also took note of the submission of the Additional Public Prosecutor that pursuant to the said order, a Circular Memorandum had been issued on January 19, 2022 for implementation of the said order. 

The APP had also apprised the court that orders had been issued and actions were being taken against the erring persons.

As per the APP, to date, 104017 private vehicles containing unauthorised stickers and artifacts were detected and a fine of Rs.16,56,000 was imposed on those erring persons.

Taking note of the same, the division bench said, "Monitoring and survey of such vehicles is a continuous process".

Case Title: Dr.Krithika B v. The Addl. Chief Secretary Home Department and Others