writ before highcourt for direction to government
vinod bansal
(Querist) 14 July 2009
This query is : Resolved
Respected all members
I want to file a petition before highcourt chandigarh for issuance of direction to Govt. to stop overloading in goods vehicle & for restraining tractor trolley which are being used for commercial activities like goods transporation on freight that which is violation of motor vehicle act,plz guide me regarding procedure and provision am i have to file a PIL or civil Writ petition. Thanks
Sarvesh Kumar Sharma Advocate
(Expert) 14 July 2009
there is specific act provided in moter vehical act for over loding .for restraining tractor trolley it is a good issue , take highcourt lawyer's help for pil.because more so procedure and provision legal help for paper work will also nessesory.
Amarjeet yadav
(Expert) 14 July 2009
u can go for PIL. but let me remind you that there is already law in this regard this is the duty of the police authorities to take action in this regard. Before going to high court first write letters to the concern authorities and let them to take action if they fails then only approch to the High court
Kiran Kumar
(Expert) 15 July 2009
Vinod Ji, a similar query was raised by one other member aslo, i think he is from New Delhi.
my suggestion is before going for PIL, make a study of Motor Vehicles Act and the rules made by the state thereunder.
thereafter move a legal notice to the authorities concerned, like Secretary Department of Surface Transport (both for center and state), RTO etc.
if possible collect evidence by way of videography and photgraphs as well.
i ll try to find some earlier orders of High Court as well, in this regard.
dont move in for PIL underprepared, costs starting from Rs.1 Lakh is being imposed for frivolous and half baked PILs.
M. PIRAVI PERUMAL
(Expert) 15 July 2009
What Mr. Kiran opines is exactly correct moving PIL without home work may be disastrous.
Murali Krishna
(Expert) 15 July 2009
Dear Vinod, Supreme Court in Common Cause (A Regd. Society)Vs.Union of India (UOI) and Ors. has decided similar matter in PIL.Case is reported in AIR 2008 SC 2116, (2008)5 SCC 511. Before proceeding further, you may refer the judgement to see whether there are any direction already existed on the issue.
A. A. JOSE
(Expert) 16 July 2009
Yes, Mr.Murali Krishna is right. You may kindly refer the SC judgement before moving the matter before the courts to consider as to whether such issues have already been covered in the judgement or not.
