Read Time: 07 minutes

The Kerala High Court has directed the Police Commissioner of Kochi/Ernakulam and the Regional Transport Authority to ensure that the registration or issuance of the autorickshaws does not increase the per capita population of Kochi/Ernakulam.

A bench of Justice Amit Rawal noted, "Most of the vehicles are overtaking each other or the other private vehicles risking the life of the passengers on the road and other passengers traveling in other vehicles."

The bench was hearing a plea filed by autorickshaw owners challenging order of the Joint Regional Transport Officer (JRTO) rejecting their application for variation of the terms and conditions of the permit. The challenge was on the ground that there are no designated parking places for parking autorickshaws so that the passengers can use the facility of the autorickshaws. In furtherance to this, the plea had requested the authorities to change their parking stand.

The application had been rejected by the JRTO on the ground that they had received twenty two applications from the owners for variation of the permit to allow any stand within the Perumbavoor Municipality as a parking place.

In this regard, Court opined that the application had been rightly rejected on the ground that the ply vehicles would increase the congestion in the area and truncate the mobility of the vehicles already permitted and being plied.

The bench was further informed that many autorickshaws being plied in Cochin/Ernakulam and other districts do not follow the traffic rules. They violate the rules by stopping at their convenience for picking up the passengers midway through the journey and beyond the capacity granted in the permit which results in a risk of an accident. 

In addition to this, the bench was further informed that "even the transport vehicles like passenger private transport buses plied in the City of Cochin/Ernakulam also perpetually use the horns in overtaking and while plying on the road."

The bench further noted that the buses also look to be very old. In this regard, the bench opined that there has to be a timeline as to till what time the fitness certificate can be issued.

Considering the issue at hand, the bench directed the Police Commissioner of Kochi/Ernakulam and the Regional Transport Authority, Cochin/Ernakulam to immediately issue an order prohibiting the private transport buses and autorickshaws not to use horns in the city and plying on the extreme left side of the road without overtaking each other or other private vehicles.

The bench further directed the authorities to ensure that the registration or issuance of the autorickshaws does not increase the per capita population of Kochi/Ernakulam and to prevent further congestion of the road as the width of the road owing to the paucity of the place is not conducive for plying transport vehicles in large number.

"They should also issue directions to fix the speed limit of the aforementioned private buses and autorickshaws and also issue directions for fixing a Governor on the speed so that any driver who intends to increase the speed is prevented to do so," the bench added.

Case Title: ABOOBACKER K.A. & ORS. Vs. JOINT REGIONAL TRANSPORT OFFICER & ANR