Kerala High Court
Dr.Narayanan Menon Komerath vs Union Of India on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 40712 OF 2022
PETITIONER:
DR.NARAYANAN MENON KOMERATH
AGED 66 YEARS
S/O VAIRELI NARAYANA MENON, RESIDING AT KOMERATH
HOUSE, PAZHAYA NADAKKAVU, ROUND WEST, THRISSUR
DISTRICT-680001.
BY ADVS.
R.NIKHIL
PRAMEELA KUMARI B.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY.
MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT
BHAWAN 1, PARLIAMENT STREET NEW DELHI-110001.
2 STATE OF KERALA,
REPRESENTED BY THE TRANSPORT COMMISSIONER.
MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,
FXX5+J4W, CV RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM DISTRICT-685014.
3 THE DISTRICT COLLECTOR,
THRISSUR, CIVIL STATION, AYYANTHOLE PO, THRISSUR
DISTRICT-680003.
4 REGIONAL TRANSPORT OFFICER,
THRISSUR, OFFICE OF THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, AYYANTHOLE PO, THRISSUR DISTRICT-
680003.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.40712 of 2022
2
JUDGMENT
Petitioner was holder of driving licence bearing
No.08/8079/2010 issued by State of Kerala valid upto
28.01.2021 to drive non-transport vehicles. He shifted to USA
and was working in the State of Georgia, after having undergone
the test over there, was issued a driving licence bearing No.
054411121, from the State of Georgia, which is valid upto
06.03.2027. Petitioner travelled to India in the year June 2021
and submitted two applications, one for renewal of the licence
and another an application for fresh passport in lieu thereof. The
competent authority vide Ext.P3, issued a learners licence bearing
No.KL08/0011676/2022 on 13.07.2022 valid upto 12.01.2023. It
is contented that the petitioner also uploaded the learners driving
licence and as per screenshot Ext.P4, it reflected that the
petitioner is already having a driving licence bearing
No.KL0820100008079 and requested to go for driving licence
W.P.(C) No.40712 of 2022
transactions, that is the endorsement on the driving licence. In
another words, the record of the Transport Department reflected
that they had already issued a valid driving licence, though it had
expired and only requirement of law was to submit an application
for renewal as per the provisions of Section 15 of the Motor
Vehicles Act. Even, if the renewal has been submitted after expiry
of 30 days, not required to undergo the test, which is only
permissible in case the renewal application is submitted after the
expiry of one year.
2. The learned counsel appearing on behalf of the State
submitted that, two applications were submitted, one for learners
licence and another for renewal of licence. Application for
renewal of licence cannot be considered until the expiry of the
learners driving licence valid upto 12.01.2023 and immediately
thereafter, the application for renewal shall be taken up and
whatever charges the petitioner is required to pay or paid, the
application will be processed and renewed driving licence will be
issued as per the screenshot of the portal Ext.P4.
W.P.(C) No.40712 of 2022
3. Counsel for the petitioner stated in rebuttal that a sum
of Rs.2,500/- as demanded by the respondent to undergo the
notice was deposited, but nothing happened, still the application
is pending.
4. I have heard the learned counsel for the parties and
appraised the paper book.
5. Section 15 of the Motor Vehicles Act, deals with the
renewal of the licence, same reads as follows:
"15 Renewal of driving licences. --
(1) Any licensing authority may, on application made to it, renew a
driving licence issued under the provisions of this Act with effect
from the date of its expiry: Provided that in any case where the
application for the renewal of a licence is made more than thirty
days after the date of its expiry, the driving licence shall be
renewed with effect from the date of its renewal: Provided further
that where the application is for the renewal of a licence to drive a
transport vehicle or where in any other case the applicant has
attained the age of forty years, the same shall be accompanied by a
medical certificate in the same form and in the same manner as is
referred to in sub-section (3) of section 8, and the provisions of
sub-section (4) of section 8 shall, so far as may be, apply in relation
to every such case as they apply in relation to a learner's licence.
(2) An application for the renewal of a driving licence shall be
made in such form and accompanied by such documents as may be
prescribed by the Central Government.
(3) Where an application for the renewal of a driving licence is
made previous to, or not more than thirty days after the date of its
expiry, the fee payable for such renewal shall be such as may be
prescribed by the Central Government in this behalf.
W.P.(C) No.40712 of 2022
(4) Where an application for the renewal of a driving licence is
made more than thirty days after the date of its expiry, the fee
payable for such renewal shall be such amount as may be
prescribed by the Central Government: Provided that the fee
referred to in sub-section (3) may be accepted by the licensing
authority in respect of an application for the renewal of a driving
licence made under this sub-section if it is satisfied that the
applicant was prevented by good and sufficient cause from applying
within the time specified in such-section (3): Provided further that if
the application is made more than five years after the driving
licence has ceased to be effective, the licensing authority may
refuse to renew the driving licence, unless the applicant undergoes
and passes to its satisfaction the test of competence to drive referred
to in sub-section (3) of section 9.
(5) Where the application for renewal has been rejected, the fee
paid shall be refunded to such extent and in such manner as may be
prescribed by the Central Government.
(6) Where the authority renewing the driving licence is not the
authority which issued the driving licence it shall intimate the fact
of renewal to the authority which issued the driving licence."
On perusal of the same, the requirement to undergo the test is
only when an application for renewal is beyond one year. Owing
to the Covid-19 pandemic the validity of the driving licence was
extended till 31.10.2021 and the application for renewal was in
June 2022, thus, the application submitted was within a period of
one year. Therefore, the petitioner is not required to undergo the
written test as per the amended provisions of Section 15 of the
Motor Vehicle Act.
W.P.(C) No.40712 of 2022
6. Since, the validity of the driving licence is expiring on
12.01.2023, and the respondents have undertaken to process the
application for renewal of the driving licence already expired in
January 2021, taking into consideration the grace period
extended by the Central Government, this Court is sanguine of
the fact that the application for renewal of the driving licencc
would be processed immediately, subject to the compliance of the
statutory provisions, as expeditiously as possible.
Writ petition stands disposed off.
.
Sd/-
AMIT RAWAL
JUDGE
TR
W.P.(C) No.40712 of 2022
APPENDIX OF WP(C) 40712/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CLASS C DRIVER'S
LICENSE RENEWED LASTLY ON 03.09.2019
BEARING NO:054411121 ISSUED BY THE
CONCERNED DEPARTMENT OF GEORGIA, UNITED
STATES OF AMERICA.
Exhibit P2 A TRUE COPY OF THE RENEWED DRIVING
LICENSE BEARING NO:08/8079/2010 DATED
29.01.2016 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 A TRUE COPY OF THE LEARNER'S LICENSE
BEARING NO:KL08/ 0011676/2022 DATED
13.07.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 A TRUE COPY OF THE RELEVANT SCREENSHOT
OF THE PARIVAHAN WEBSITE .
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
27.11.2022 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT DATED 30.11.2022 ALONG WITH
ITS ENGLISH TRANSLATION.
