This writ petition has been filed challenging G.O.Ms.No.563, Home (Transport ? V) Department, dated 10.06.2010, issued by the 1st respondent insofar as the members of the petitioner association is concerned, by which the speed governors are directed to be installed for omni buses owned by educational institutions and the maximum speed was fixed at 50 km per hour under Section 112 (2) of the Motor Vehicles Act, 1988.
2.Heard Mr.T.Cibi Chakravarthy, learned counsel appearing for the petitioner and Mr.S.Sathesh Kumar, learned Additional Government Pleader who takes notice for the respondents.
3.This Court at the Principal Seat by order dated 27.06.2011 in W.P.No.241 of 2011 etc. batch cases, had considered writ petitions for similar reliefs and passed the following order:-
?13.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and the records available before this Court and in view of the earlier orders passed by this Court in W.P.No.22121 of 2010, dated 8.11.2010 and W.P.No.28891 of 2010, dated 21.12.2010, this Court finds it appropriate to direct the respondents to keep the impugned government order, in G.O.Ms.No.563, Home (Transport ? V) Department, dated 10.06.2010, in abeyance, in so far as it relates to the fixing of the upper limit of 50 kms per hour, for the medium and heavy motor vehicles used by the educational institutions and with regard to the fixing of speed governors in such vehicles, until the State Government obtains an opinion from an expert committee, with regard to the fixing of the upper speed limit for such vehicles.
14.It is made clear that, after obtaining the expert opinion, the State Government may fix the upper speed limit for such vehicles and may also make a request to the Government of India to increase the upper speed limit, from the existing 65 kms. per hour, as it deems fit to do so. As such, this Court does not find it appropriate to quash the Government Order, in G.O.(Ms) No.563, Home (Transport ? V) Department, dated 10.6.2010, at this stage. Accordingly, the respondents are restrained from implementing the impugned Government Order, till such time the State Government passes an appropriate order, as noted above, with regard to the upper speed limit for the vehicles in question and in respect of the fixing of the speed governors in such vehicles.?
4.In pursuance thereof, the Government of Tamil Nadu issued notification bearing No.SRO A-15(d-1)/2015 vide G.O.Ms.No.681, Home (Transport ? V), 1st October 2015. As per the notification, the maximum speed was fixed at 60 km per hour in respect of transport vehicles manufactured on or after 1st October, 2015 that are dumpers, tankers, school buses, those carrying hazardous goods and the maximum speed was fixed at 80 km per hour in respect of others.
5.Resultantly, nothing survives for adjudication in the matter and recording the aforesaid subsequent developments that have taken place, the Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Secretary, Home (Transport-V) Department, Government of TamilNadu, Fort St. George, Chennai ? 600 009.
2.The Transport Commissioner, Chepauk, Chennai ? 600 005.
3.The Regional Transport Officer, Nagercoil ? 629 001, Kanyakumari District.
4.The Regional Transport Officer, Marthandam, Kanyakumari District.
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