High CourtsSingle Bench(2023) 10 KL CK 0046

Youth Voice Padinhar Charitable Trust Padinhar Lakshmi Nagar vs Union Of India

High Court Of Kerala · Decided on 6 October 2023

HON’BLE JUDGES
Dinesh Kumar Singh, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No.32725 Of 2023

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Judgment

5 paragraphs · 391 words

Dinesh Kumar Singh, J

1.

The present writ petition has been filed impugning Ext.P5 decision taken by the State Transport Authority on 31.08.2022 regarding the decision to implement the colour code prescribed in AIS-125, i.e., Brilliant white, RAL-Code 9010, front rear and side bumpers included. It has been said that the colour of the ambulances should be weather-resistant and withstand daily cleaning and washing. The said decision has been directed to be implemented with effect from 01.01.2023 for new ambulances, and for old ambulances, a colour code will be implemented as and when the vehicle is produced for renewal of certificate of fitness. It has been further cited that the vehicles used for the carriage of dead bodies should be named ‘Hearses’, and the name should be painted on the front, rear and sides of the vehicle. A navy-blue ribbon of width 15 cm should be painted on the middle of the outer body of the vehicle on all sides (Front, Rear, Left and Right) on a milky white background. Only a Blue/Purple revolving light without a siren is recommended for these vehicles. Mobile freezer, in addition to stretcher facility, shall be made optional in these vehicles.

2.

Learned Counsel for the petitioner submits that the petitioner Organisation is a charitable organisation which provides ambulance facilities to the needy by charging a minimal amount. If the petitioner ambulances are also directed to implement the said decision in Ext.P5, the petitioner’s distinct identity will get lost. The learned Counsel for the petitioner therefore submits that the said decision should not be implemented in respect of the petitioner and other similar charitable organisations.

3.

I find no substance in these submissions. The decision has been taken that ambulance services in the State of Kerala will now have a uniform colour code. This decision has been taken in the larger public interest to avoid sound pollution and recognition of the vehicle as an ambulance by the general public. The said decision does not violate any fundamental or vested legal right of the petitioner. Learned Counsel for the petitioner is not in a position to point out which of the fundamental or legal rights gets violated by prescribing uniform colour code for all the ambulances in the State of Kerala.

Thus, I do not find any substance in the writ petition, which is hereby dismissed.