Kerala High Court
Abhishad P.C vs State Of Kerala on 9 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
WP(C) NO. 13863 OF 2021
PETITIONER:
ABHISHAD P.C.,
AGED 39 YEARS
S/O.VALSALAN, RESIDING AT ABHILASH BAHVAN, POOTHADI P.O.,
KENICHIRA, WAYANAD-673 596.
BY ADVS.
NIRMAL V NAIR
AJAI BABU
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
MOTOR VEHICLES, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DEPUTY TRANSPORT COMMISSIONER,
NORTH ZONE, KOZHIKODE, OFFICE OF THE DTC, NORTH ZONE, CIVIL
STATION P.O., MALAPARAMBA, KOZHIKODE-673 020.
3 REGIONAL TRANSPORT OFFICER,
OFFICE OF THE RTO WAYANAD, CIVIL STATION, KALPETTA, NORTH
KALPETTA P.O., WAYANAD-673 122.
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.13863 of 2021
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Dated this the 9th day of September, 2021
J U D G M E N T
The petitioner has approached this Court
challenging Ext.P7 order under which his driving licence
was suspended for the period from 05.05.2021 to
04.11.2021.
2. On 23.05.2019, the petitioner was charged with
offence under Section 279 of IPC read with Section 185
of the Motor Vehicles Act. In terms of Section 19(1) of
the Motor Vehicles Act, though a notice was issued to
the petitioner to show cause why the licence should not
be suspended, no explanation was submitted by the
petitioner. In the meanwhile, in the case registered
against him as STC 433/2019 before the Chief Judicial
Magistrate's Court, Kalpetta, the petitioner appeared
and pleaded guilty. Therein, a judgment was passed
against him convicting him and sentencing with fine of
`1,000/- under Section 279 of IPC and `1,500/- under
W. P. (C) No.13863 of 2021
Section 185 of the Motor Vehicles Act. As evidenced by
Ext.P6, the said fine amount was remitted by the
petitioner on 31.05.2019.
3. According to the petitioner, the notice in terms
of Section 19(1) of the Motor Vehicles Act was issued to
him on 18.08.2020 much subsequent to the judgment in STC
433/2019, and in terms of Section 208(3) of the Motor
Vehicles Act his licence is not liable to be suspended.
4. It is not in dispute that, though on the default
of the petitioner, he could not be heard while passing
Ext.P7 order. On the facts as noticed above, I am of the
opinion that an opportunity of hearing could be granted
to the petitioner wherein he could substantiate his
contentions on facts and law.
5. Accordingly, the writ petition is allowed.
Ext.P7 order is quashed. The petitioner shall be heard
on the show cause notice dated 18.08.2020 and fresh
orders passed. The petitioner shall appear before the
W. P. (C) No.13863 of 2021
third respondent for submitting his objections and for
hearing on 30.09.2021 at 11.00 a.m.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 13863/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DRIVING LICENSE OF THE
PETITIONER DATED 26.11.2019.
Exhibit P2 A TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE KSRTC TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE DUTY PASS DATED 01.08.2015
ISSUED TO THE PETITIONER.
Exhibit P4 A TRUE COPY OF THE FIR IN CRIME NO.188/2019
OF THE VYTHIRI POLICE STATION, WAYANAD
DISTRICT.
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 31.05.2019
IN STC 433/2019 ON THE FILES OF THE CHIEF
JUDICIAL MAGISTRATE, KALPETTA.
Exhibit P6 A TRUE COPY OF THE RECEIPT NO.05599 DATED
31.05.2019 ISSUED BY THE CHIEF JUDICIAL
MAGISTRATE, KALPETTA.
Exhibit P7 A TRUE COPY OF THE SHOW CAUSE
NO.KL12/2020/180 DATED 06.05.2021 ISSUED BY
THE 3RD RESPONDENT.
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