Kerala High Court
Ashraf C.F vs The Regional Transport Officer on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15940 OF 2024
PETITIONER:
ASHRAF C.F,
AGED 45 YEARS
45 YEARS, S/O. FAROOK, CHAKKALAYIL HOUSE, MUDICKAL P.O.,
PERUMBAVOOR, ERNAKULAM - 683 547.
BY ADVS.
RILGIN V.GEORGE
NAZRIN BANU
AKSHARA K.P.
RESPONDENT:
THE REGIONAL TRANSPORT OFFICER,
(LICENSING AUTHORITY), RTO ENFORCEMENT, ERNAKULAM ZONE,
KERALA- 682024.
OTHER PRESENT:
SRI V VENUGOPAL, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15940 OF 2024
2
JUDGMENT
This writ petition has been filed challenging Ext.P5 order passed by the respondent - Regional Transport Officer. The main grievance of the petitioner is that before passing Ext.P5 order, the petitioner was not heard by the respondent.
2. On a perusal of Ext.P5, it is seen that the petitioner was not afforded an opportunity of being heard.
Accordingly, this writ petition is disposed of, treating Ext.P5 as a show cause notice. The petitioner shall raise objection against Ext.P5 and shall appear before the respondent on 30.04.2024 at 11.00 am and the respondent shall pass appropriate orders after hearing the petitioner, in accordance with law, within a period of two weeks thereafter.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE rp WP(C) NO. 15940 OF 2024 3 APPENDIX OF WP(C) 15940/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF DRIVING LICENSE ISSUED TO THE PETITIONER ON 15.11.1996.
Exhibit P2 A TRUE COPY OF THE E-CHALLAN DATED 22.06.2023. Exhibit P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.02.2024 Exhibit P4 A TRUE COPY OF THE REPLY DATED 17.02.2024 Exhibit P5 A TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 30.03.2024 ( ENF/S-69/2024/E)