Francis A.J vs Transport Commissioner
2022 Latest Caselaw 7420 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20589 OF 2022
PETITIONER:

           FRANCIS A.J.
           AGED 41 YEARS
           S/O.JEFRIN, AMANGRA HOUSE, VIMALA NAGAR, PALAKKULI,
           MANANTHAVADY, WAYANAD DISTRICT, PIN - 670 645.

           BY ADVS.
           T.P.PRADEEP
           MINIKUMARY M.V.
           R.K.PRASANTH
           P.K.SATHEES KUMAR



RESPONDENTS:

    1      TRANSPORT COMMISSIONER
           TRANS TOWERS, TRANSPORT BHAVAN, VAZHUTHAKKAD,
           THIRUVANANTHAPURAM, PIN- 695 001.

    2      JOINT REGIONAL TRANSPORT OFFICER
           SUB REGIONAL TRANSPORT OFFICE, MANATHAVADY ZONE,
           MANATHAVADY, WAYANAD DISTRICT, PIN - 673 121.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20589 OF 2022
                                    2

                            JUDGMENT

The petitioner is challenging Ext.P4 order passed by the 2 nd

respondent by which his driving licence was suspended for a

period of 5 months and 29 days.

2. Ext.P2 is the notice issued by the 2 nd respondent

asking the petitioner to show cause as to why his driving licence

shall not be revoked under Section 19(1)(d) and (f) of the

Motor Vehicles Act, 1988. The petitioner submitted Ext.P3 reply

to the show cause notice. Pursuant to Ext.P3, the 2 nd

respondent, the licensing authority, suspended the licence of

the petitioner finding that his explanations are not satisfactory.

The petitioner submits that he was not heard before suspending

the licence. It is seen from Ext.P2 and Ext.P4 that the licence

has been suspended invoking the provisions under Section

19(1) of the Kerala Motor Vehicles Act. Section 19(1) of the

Motor Vehicles Act, 1988 provides that, if the licensing authority

is satisfied, the said authority, after giving the holder of driving

licence an opportunity of being heard and for reasons to be WP(C) NO. 20589 OF 2022

recorded in writing, disqualify that person for a specified period

for holding or obtaining any driving licence to drive all or any

classes or descriptions of vehicles specified in the licence or

revoke any such licence.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondents.

4. This Court, in the decision reported in Santu Thomas

v. Joint Regional Transport Officer, Vaikom [2018 (1) KHC

437] held that, before revoking the licence invoking the

provisions under Section 19 of the Motor Vehicles Act, 1988, an

opportunity of being heard shall be given to the holder of the

driving licence. It is seen that though a show cause notice was

issued, the petitioner was not heard before suspending his

driving licence Further, Ext.P2 show cause notice and Ext.P4

order shows that the same have been issued without application

of mind and in a cyclostyled format.

Since Ext.P2 and Ext.P4 have been issued in violation of

the provisions of Section 19 of the Motor Vehicles Act, 1988 and

in disregard to the principles of natural justice, Ext.P4 is set WP(C) NO. 20589 OF 2022

aside. There will be a direction to the 2 nd respondent to consider

Ext.P3 after affording an opportunity of being heard to the

petitioner and pass fresh orders in accordance with law within a

period of three weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

AJ WP(C) NO. 20589 OF 2022

APPENDIX OF WP(C) 20589/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FIR NO.199/2022 OF MANATHAVADY POLICE STATION DATED 20/02/2022 (ALONG WITH TRANSLATION).

Exhibit P2 A TRUE COPY OIF THE SHOW CAUSE NOTICE ISSUED BY THE JOINT REGIONAL TRANSPORT OFFICER, MANANTHAVADY ZONE, DATED 13/04/2022.

Exhibit P3 A TRUE COPY THE REPLY LETTER TO THE SHOW CAUSE NOTICE DATED 09/06/2022 (ALONG WITH TRANSLATION).

Exhibit P4 A TRUE COPY OF THE ORDER PASSED BY MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, MANANTHAVADY DATED 09/06/2022.