Thottathil B. Radhakrishnan, J.
The first among the captioned writ petitions is filed seeking interference in public interest with the movement of ammonia by road and for a declaration that the exemption granted to FACT regarding the time schedule be quashed. That exemption was granted invoking Rule 369 of the Kerala Motor Vehicles Rules and exemption was granted from Rule 336A. With passage of time, the said writ petition, i.e., W.P.
(C) No.2146 of 2012 with that relief has turned essentially infructuous because the Government of Kerala, as per G.O.
(P) No.38/2013/Tran. dated 30/04/2013 issued through S.R.O. No.373/2013, made and issued the Kerala Motor Vehicles (Fifth Amendment) Rules, 2013 by which Rule 336A is substituted. It reads as follows:-
“336A. Restrictions in time of transporting dangerous or hazardous goods.—Movement of bullet trucks transporting bulk load of Liquefied Petroleum Gas shall be restricted during peak traffic hours from 8 a.m to 11 a.m. and 4 p.m. to 6 p.m. in Corporation and Municipal Limits:
Provided that the Regional Transport Authority of the region shall impose suitable local time restrictions for goods carriages transporting dangerous or hazardous goods according to local requirements for ensuring road safety, free flow of traffic and movement of vehicles.”
2. The second among the captioned writ petitions is filed challenging the aforesaid amended Rule and pleading that the said Rule has been so crafted so as to take away any restrictions on the movement of dangerous and hazardous goods.
3. We may, at once, note that the Proviso to Rule 336A as substituted in terms of what is quoted above enjoins that the Regional Transport Authority of the region shall impose suitable local time restrictions for goods carriages transporting dangerous or hazardous goods according to local requirements for ensuring road safety, free flow of traffic and movement of vehicles.
4. The Regional Transport Authority, Ernakulam has issued order No.G4/5835/2013/E dated 03/10/2013 by which the said authority has decided to restrict the movement of bullet trucks transporting bulk load of LPG and other dangerous or hazardous goods during peak traffic hours from 8.00 a.m. to 11.00 a.m. and from 4.00 p.m. to 6.00 p.m. on roads under the jurisdiction of that RTA. The Secretary, RTA was directed thereby to ensure strict compliance of that direction.
5. In view of the aforesaid order, the public interest attempted to be disclosed in the writ petition stands satisfied, more particularly because the RTA can issue further restrictions if local conditions and matters relating to road safety, free flow of traffic and movement of vehicles call for modification. This is also a matter which any aggrieved person can bring to the notice of the RTA.
6. For the aforesaid reasons, we record that the Regional Transport Authority, Ernakulam has issued the order as noted above and therefore, the impugned transportation of liquid ammonia between Willington Island and Udyogamandal and elsewhere in Ernakulam District shall stand regulated by the RTA, Ernakulam. No further orders are called for in these writ petitions filed under Article 226 of the Constitution of India.
In the result, these writ petitions are closed recording what is stated above.
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THOTTATHIL B. RADHAKRISHNAN JUDGE kns/-
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BABU MATHEW P. JOSEPH JUDGE //TRUE COPY// P.A. TO JUDGE