A.K. Jayasankaran Nambiar, J.

1. As both these writ petitions involve a common issue, they are taken up together for consideration, and disposed by this common judgment.

2. The writ petitioners are essentially aggrieved by the alleged action of autorickshaw drivers, plying within the territorial limits of Kannur district, and coming within the administrative jurisdiction of the Thalassery Municipality and Malappattam Panchayat, in not operating the fare/hire meters installed in their vehicles and thereby charging fares far in excess of that fixed by the State Government under Section 67 of the Motor Vehicles Act, 1988. It is their case in the writ petition that there have been numerous instances where persons have been charged exorbitant rates in violation of the Motor Vehicles Act and Rules, as also in violation of the provisions of the Legal Metrology Act, 2009, and since such instances invariably happen at odd hours of the day/night, the passengers often find themselves at the mercy of the erring autorickshaw drivers. The prayers in the writ petitions are for suitable directions to the respective statutory authorities to ensure that the autorickshaw drivers ply their vehicles in due compliance with the statutory provisions as also the Government orders issued from time to time regulating the fare/hire charges that can be collected by them from the traveling public.

3. When these writ petitions came up for orders before this Court, on 27.01.2020, this Court found that the need of the hour was to put in place an emergency response system that would come to the aid of passengers in distress. It therefore directed the official respondents of the State to file affidavits stating clearly the steps taken by them to ensure that an emergency response system would be available to on call to commuters/passengers of autorickshaws on a 24 x 7 basis. In response to the said direction, counter affidavits have now been filed by the Additional Superintendent of Police in charge of District Police Chief, Kannur, the Joint Regional Transport Officer, Thalassery and the Assistant Controller, Department of Legal Metrology, Kannur. In the affidavit filed by the Additional Superintendent of Police, in charge of District Police Chief, Kannur, it is averred as follows in paragraphs 2 and 3:-

2. It is most respectfully submitted that the Police is duty bound to prevent traffic violations and earnest efforts are being taken by Police personnel to redress the grievances of passengers. The various effective measures available to the public/passengers to seek immediate assistance in case of misbehaviour/demand of excess fare charges/refusal to ply the taxi/motor cab and any other offences from the side of the motor cab operators is mentioned herewith.

(a) Control Room System:-Four Control rooms are functioning in the District with 24 Control Room Vehicles. All the control room vehicles plying 24x7 hours throughout their area in addition to the station mobiles to redress the grievances of the public within a short span of time. The station mobile vehicles and control room vehicles conducting thorough vehicle check to curtail the traffic violations and to book the offenders.

(b) Emergency Response Support System-ERSS (Toll Free No. 112):-Instead of dialing different helpline numbers such as Police (100), Fire Force (101) and Ambulance (102), persons in distress across the State can now call on 112 for quick, unified response service. This system started from August 2019 onwards.

The ERSS Project is in line with the recommendations of the Justice Varma Committee in the backdrop of 2012 Delhi gang rape case. All distress calls and text messages to 112 from the entire State will reach at the centralized control room in Thiruvananthapuram and quickly re-routed to the respective district control rooms in less than a minute. Officers at the district control rooms, upon seeing the distress call light in their computer systems, can identify the approximate location of the caller and immediately send the nearest police vehicle having Mobile Date Terminal (MDT) to this spot. The live moment of every police vehicle available in the District, through GPS, can be monitored by officers in the control room. The Mobile Data Terminal (MDT) is installed in 64 vehicles in Kannur District. The officers in charge of the vehicle are bound to send a message showing the action taken to that message to the control room immediately. This newly introduced system is accepted by the public at large to redress their various types of grievances such as assistance for vehicles during night hours, accident cases, complaint against drunkards and eve teasers etc. At present this system of settling grievances accepted by the public at large. Here with submitting the details of calls received from the public through ERSS system seeking assistance/help from August-December 2019.

table

(c) Highway Police System, (Toll Free No. 9846100100):-The Highway Police also perform with objectives of controlling traffic, enforcement of traffic laws, and prevention of road accidents, provide immediate attention and assistance to victims of accidents, handling of law and order issues and enforcement of laws on Highways. etc. There are three Highway Police mobile vehicles plying in Kannur District provides 24X7 hours assistance to public. They are bound to attend any distress call from any person on high way and to take legal action through the concerned Police Stations in appropriate complaints. The aggrieved persons can connect the Highway Police through 9846100100 and assistance of police should be reached to him within a short span of time.

(d) Pink Police Patrol Control Room and Pink Police Patrol Vehicles (Toll Free No. 1515):-Pink Police Patrol Control Room also functioning in Kannur District to ensure safety and security of women and children. At present Pink Police Patrol Control Room having two vehicles with women Police Officers conducting patrolling duties. The control room receives the distress call and transferring the same to Pink Police Patrol Vehicles in the concerned area or other station mobiles for quick and speedy redressal of the complaints. As part of the duty, they are ensuring the safe travel of women, children and tourists in public vehicles. The public can easily avail the service of Pink Police Patrol Vehicle by dialing 1515. Even though this system is formulated to provide service to women and children, any person can contact them for help/assistance and they will reroute such calls to the right person and place.

(e) Women in Distress Helpline Toll free No. 1091):-This is one of the most effective systems available for women in distress. The women police officers receives the distress call and provides necessary help like shelters, food, vehicle facility for safe journey etc. to the needed persons and also reroute the calls to concerned stations/control rooms/Highway Police etc., for speedy redressal of grievances.

3. It is most respectfully submitted that the police department taking earnest efforts to reduce the traffic violations and also to ensure safety and security to the general public by way of continuous patrolling and also through various effective toll-free helpline systems as mentioned above.

Hence in view of the facts and circumstances stated above, the writ petition is not maintainable either on law or on facts and the same is liable to be dismissed with costs.

Therefore, it is humbly submitted that the petitioner is not entitled for any of the reliefs sought for in the writ petition. Therefore, it is prayed that this Honble Court may be pleased to accept this counter affidavit filed by the 1st respondent to file and dismiss the writ petition.

In the counter affidavit on behalf of the Joint Regional Transport Officer, Thalassery, it is stated as follows in paragraphs 3 to 10:-

3. It is submitted that this respondent discharges the duties and responsibilities assigned with it by the delegation of powers by the Regional Transport Authority, Kannur. It includes licensing, registration, control of the vehicles etc. permits to Autorickshaws, other passenger vehicles are issued as per the provisions of Motor Vehicles Act and Rules. This respondent and Field Officers take steps to perform the service by all Autorickshaws in tune with the directions and notifications issued by the government from time to time and the drivers are entitled to collect the fares for journeys only in accordance with the fare notification in this regard.

4. It is submitted that as and when specific complaints are received at the office of this respondent, enquiry contacts through the Assistant Motor Vehicles Inspectors and effective steps are being taken to redress the complaints. Such complaints are also being kept in the surveillance. It is submitted that the disproportionate field staff strength compared to the increased vehicle population is the main hurdle for the effective enforcement of provisions under MV Act and Rules. However complaints against the Public Transport System are dealt with utmost importance.

5. It is submitted that Autorickshaws are registered with fare meters only. Vehicles without fare meters or non functional fare meters are even not permitted to operate. The allegation made in the para 10 of the writ petition is wrong and baseless. This respondent is duty bound to enforce the notification evidenced by Ext. P1 & P2 and ensure protection to all citizens within the jurisdiction of this respondent against the illegal charging of fares and this authority acts keeping in mind the above concerns and that is why there are only finger tip the complaints against the public transport system received in his office.

6. It is submitted that the complaint received on 9.10.2018 was handed over to the then Assistant Motor Vehicle Inspector for verification and enquiry. The driver of the said Autorickshaw and the complainant was heard and it was understood that the complainant was in connection with pre-paid slip issued at the Railway Station. The petitioner has submitted that even though the fare charged was not exorbitant, the complaint is with respect the behaviour of the driver of the vehicle. With regard to the pre-paid booth functioning at the Railway Station, this respondent has nothing to do with, since it is being controlled and managed by the traffic unit of Police. The accused was personally warned for the misbehaviour and amicably solved the issue. It is learned that against the so called misbehaviour, the second petitioner has preferred a complaint before the District Consumer Redressal Forum and is under consideration.

7. It is submitted that a meeting of the Trade Union Workers was conducted on 15.11.2018, and instructions were given to convince its drivers to perform trips with fare meter functioning. Frequent checking are also being conducted by the Field Officers under this respondent and the District Enforcement Squad for detecting illegal operations and number of check reports were prepared against the offenders.

8. It is submitted that pursuant to Ext. P4 complaint, the Assistant Motor Vehicle Inspector under this respondent has enquired the matter in detail near SBI main branch, railway station and bus stand surroundings, and he has reported that the vehicle KL 58 S 437 could not locate even after one week. The drivers of the above area were informed to convey the message to the driver and report before this respondent immediately. A notice has been also sent to the owner of the vehicle and action will be taken after conducting hearing.

9. It is also submitted that 2664 number of permits have been allowed at the Autorickshaws with parking place within the Thalassery Municipal limit to operate the service. During the periodical inspections, conducted by this respondent, it has been ensured that the fare meters fitted to such vehicles are functional. Vehicles with dis-functional fare meters have not been provided with certificate of fitness. Also frequent checking being conducted both by the office enforcement team as well as district enforcement squad and Autorickshaws conducting services without fare meters are being stopped with direction to fit fare meter duly inspected and sealed by Legal Metrology Department. Such offences are also booked by the officials and compounding fees realized. It is also submitted that special checking with regard to fare meter will be conducted frequently and stringent actions will be taken against the offenders. Letter has been addressed to the Legal Metrology Officer requesting to provide a list of such vehicles which are not having fare meter periodically inspected and sealed.

10. It is submitted that in furtherance to the particular complaints received in the office of this respondent with vehicle number KL 58 A 3208, KL 13 L 9700 and KL 58 C 8853 have been put to enquiry and after receipt of the enquiry report, steps will be taken to suspend/cancel the permits in accordance with the provisions under the Motor Vehicles Act and Rules.

In the counter affidavit filed on behalf of the 9th respondent, it is stated as follows in paragraphs 3 to 9:-

3. It is respectfully submitted that the Taxi Meter is a measuring instrument which is included in the eighth schedule, part VIII of the Legal Metrology(General) Rule, 2011. Its verification and re-verification is mandatory. Periodicity re-verification is once in twelve months.

4. In Thalassery Taluk two Legal Metrology Inspector Officers viz., Inspector Office Circle I, Thalassery and Inspector Office Circle II, Thalassery are functioning to carry out the matter related to Legal Metrology Act and related rules. Thalassery Municipal Area is under the territorial jurisdiction of Circle I, Inspector Office situates at Mini Civil Station, Nr. Municipal Ground, Ground Floor, Thalassery.

5. The number of verification and stamping carried out by the said Inspector office for last three calendar years in the field of taxi meter is listed below.

table

6. The verification and stamping of taxi meter is being carried out by the Legal Metrology Officer concerned without considering any objection as pointed out by the petitioner.

7. Office of the Inspector, Legal Metrology, Thalassery under the administration control of this respondent is carrying out the periodical re-verification of taxi meter and last three year re-verification details are listed above. In addition to this total number of cases registered by the Inspector, Legal Metrology Circle I, Thalassery for the use of unverified taxi meter for last 3 year listed below for kind consideration.

table

8. It is submitted that the cases registered for the use of unverified taxi meter as listed above have been subsequently compounded on payment of Rs. 2000/- each and thereafter re-verification was carried out and permitted them to fit meters in the autorickshaw.

9. It is also submitted that the periodical checking are also being conducted by this department to ensure the taxi meters are in working condition and if any defective meters are found, the rejection certificate will be issued and after rectifying the defects, they are again produced the meter with the vehicle for re-verification and the process will be completed in accordance with the Legal Metrology (General) Rules, 2011 and the Kerala Legal Metrology Enforcement Rules, 2012.

Taking note of the specific averments in the counter affidavits filed on behalf of the respondents aforementioned, and finding that the situation is one that calls for the issuance of immediate directions so as to ensure that there is an effective emergency response system in place that will cater to the needs of the traveling public in Kannur District, I dispose these writ petitions with the following directions:

1. The District Police Chief, Kannur shall see to it that the emergency response support system (Toll-free No. 112) as also the Highway Police system (Toll-free No. 98461200100), the Pink Police Patrol Control Room and Pink Police Patrol Vehicle (Toll-free No. 1515) and Women in Distress Helpline (Toll-free No. 1091) are made user-friendly to the travelling public by ensuring that whenever a distress call is made by a member of the public, who is aggrieved by an unreasonable demand/action by an autorickshaw driver, the call placed by the said member of public to any of the Toll-free Numbers aforementioned, are immediately rerouted to the Control room so that suitable police personnel will promptly reach the location of the caller, and attend to the emergency situation. The instructions given by the District Police Chief to the field formation should be such as would ensure that the caller in distress is not asked/made to call another number, and that the call once made by the caller in distress is rerouted at the instance of the police authorities, to the appropriate Control centre.

2. On the response team responding to the call made by a distressed caller, its personnel shall forthwith assess the situation and determine whether there is any statutory violation occasioned, or unreasonable demand made, by the autorickshaw driver in respect of the journey undertaken/proposed. In the event of finding so, they shall, after ensuring the safety of the passenger concerned, report the autorickshaw driver concerned to the authorities under the Motor Vehicles Act and the Legal Metrology Act for taking appropriate legal action.

3. The authorities under the Motor Vehicles Act and the Legal Metrology Act shall, on receipt of any such information from the police personnel, promptly look into the issue and take appropriate action in accordance with law, against the erring autorickshaw driver/vehicle.

4. The authorities under the Motor Vehicles Act and the Legal Metrology Act shall also explore the feasibility of making it mandatory for autorickshaws plying within the State, to display printed fare cards in their vehicles. The said printed cards will have to be displayed in a prominent place within the vehicle so as to enable passengers to be informed of the correct fare that can be collected from them for the journey undertaken.

5. The Police authorities shall also take immediate steps to prominently display the Emergency Response numbers, as indicated in their counter affidavits filed before this Court, in public places including in appropriate places within the vehicles.

6. The State Police Chief shall also ensure the existence of similar machinery in the other districts in the State, for the benefit of the travelling public.

7. As regards the petitioners in W.P.(C). No. 28141/2019, the Motor Vehicle authorities are also directed to complete the enquiry initiated, based on the complaint received from the petitioners, within a month from the date of receipt of a copy of this judgment.

The writ petitions are disposed as above.

image