Kerala High Court

Gangadharan Muraleedharan vs The Government Of India on 9 August, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                   &
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                           WA NO. 30 OF 2023
AGAINST THE JUDGMENT in WP(C) 38479/2022 DATED 01.12.2022 OF HIGH
                            COURT OF KERALA
APPELLANT/PETITIONER IN W.P.(Civil) No.38479/2022:

          GANGADHARAN MURALEEDHARAN
          AGED 63 YEARS
          S/O LATE K.GANGADHARAN, KAILATHUMADATHIL HOUSE,
          PERINGARA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
          KERALA STATE, PIN - 689108
          BY ADVS.
          SUSANTH SHAJI
          VARGHESE C.KURIAKOSE
          V.V.SHAJI


RESPONDENT/S:

    1     THE GOVERNMENT OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT
          AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET,
          NEW DELHI., PIN - 110001
    2     THE DIRECTOR, MVL SECTION
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
          BHAVAN, PARLIAMENT STREET, NEW DELHI, PIN - 110001
    3     THE SECRETARY
          DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF FINANCE,
          3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG NEW DELHI,
          PIN - 110001
    4     THE SECRETARY
          THE INSURANCE REGULATORY AND DEVELOPMENT ANTHORITY OF
          INDIA, SY NO.115/1, FINANCIAL DISTRICT, NANAKRAMGUDA,
          GACHIBOWLI, HYDERABAD, PIN - 500032
    5     THE TRANSPORT COMMISSIONER
          TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS,
          VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN -
          695014
    6     THE SUB REGIONAL TRANSPORT OFFICER
          O/O OF THE SUB REGIONAL TRANSPORT OFFICER, THIRUVALLA,
          4TH FLOOR, REVENUE TOWER, THIRUVALLA, PATHANAMTHITTA,
 WA NO. 30 OF 2023


                                    -2-

            PIN - 689101
    7       THE CHAIRMAN AND MANAGING DIRECTOR
            M/S ORIENTAL INSURANCE COMPANY LTD., CORPORATE
            OFFICE, BLOCK 4, PLATE A, NBCC OFFICE COMPLEX,
            KIDWAI NAGAR EAST, NEW DELHI, PIN - 110023
    8       THE REGIONAL OFFICER
            M/S ORIENTAL INSURANCE COMPANY, LTD. REGIONAL
            OFFICE, METRO PALACE, XAVIER ARACKAL ROAD,
            OPPOSITE TOWN RAILWAY STATION, ERNAKULAM, PIN -
            682018
    9       THE BRANCH MANAGER
            M/S ORIENTAL INSURANCE COMPANY, LTD. 1ST FLOOR,
            EBANEZER GARDEN, NEAR CHANGAMPUZHA PARK METRO
            STATION & METRO PILLAR NO.468, EDAPPALLY,
            ERNAKULAM, PIN - 682024
   10       STATE OF KERALA
            REPRESENTED BY SECRETARY, MOTOR VEHICLE
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001
   11       THE MANAGER
            VOLKSWAGEN THIRUVALLA, EVM PASSENGER CARS PVT LTD
            B NO.190/S-X, IZHINJILLAM, M C ROAD, THIRUVALLA,
            PATHANAMTHITTA DISTRICT., PIN - 689107

            BY ADV MANU S. DSG OF INDIA
            SRI.T.K.VIPINDAS, SR. GP
            K.S.SANTHI, SC FOR R7, R8 & R9
            GEROGE A. CHERIAN, SC FOR R7, R8 & R9


     THIS     WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
09.08.2023,     THE    COURT   ON   THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 WA NO. 30 OF 2023


                                   -3-

                           JUDGMENT

A.J.DESAI, C.J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioner has

challenged the judgment dated 01.12.2022 of the learned Single

Judge, by which the petition filed by the present appellant

seeking a declaration that the validity period of his driving license

stands extended up to 30.05.2022, relying upon the decision of

the Hon'ble Apex Court in a suo motu taken up proceedings dated

10.01.2022, came to be rejected.

2. The appellant is a holder of Indian Union Driving License,

which came to be expired on 19.11.2020. The appellant was

working abroad and he filed an application for renewal of the

license on 21.04.2022, after returning to India on 19.04.2022.

The reason for seeking the prayer is that, as per Sections 15 and 17

of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act,

1988), the period of expired license will continue for one year and

while renewing the license, the authority, being a quasi judicial WA NO. 30 OF 2023

authority, is exercising its powers under Section 17 and the period

should have been extended as per the orders passed by the

Hon'ble Apex Court dated 10.01.2022 and therefore, the authority

should be directed to treat the license which has expired on

19.11.2020 as one which has validity up to 30.05.2022. Learned

Single Judge after considering the provisions of the Act, 1988 and

the decision of the Hon'ble Apex Court dated 10.01.2022,

dismissed the petition and hence this appeal.

3. Sri. Susanth Shaji, learned Advocate appearing for the

appellant would submit that, as per Section 15 of the Act, 1988, a

person having valid driving license can apply for renewal of the

same within a period of one year after the date of its expiry. Due

to Covid-19 pandemic, the Government of Kerala through

Transport (B) Department, by two orders dated 29.10.2021 and

22.11.2021, extended the period up to 30.12.2021, with regard to

the period referred to in Section 15 of the Act, 1988. He would

further submit that the appellant is a Non Resident Indian and

working out of India and on the first spell of pandemic, he WA NO. 30 OF 2023

returned to India on 19.04.2022. Immediately after returning to

India, he filed an application for renewal of license on

21.04.2022. He would submit that, as per the decision of the

Hon'ble Apex Court dated 10.01.2022, the period of limitation

was extended for 90 days and therefore, he would be entitled to

file an application for renewal of license up to 31.05.2022, and he

had filed such application on 21.04.2022, i.e., prior to the

extended limitation period fixed by the Hon'ble Apex Court.

Therefore, it is submitted that the learned Single Judge ought to

have accepted the petition and should have directed accordingly.

4. On the other hand, learned Government Pleader

appearing for the respondents has opposed this appeal and

supported the findings of the learned Single Judge. He would

submit that, as per Section 15 of the Act, 1988, a person can file

an application for renewal within a period of one year on or after

the expiry date of license. The license of the appellant had

expired on 19.11.2020, and therefore, he was supposed to file an

application for renewal on or before 18.11.2021. However, as per WA NO. 30 OF 2023

two orders dated 29.10.2021 and 22.11.2021, due to Covid-19

pandemic, the time was extended up to 31.12.2021. The appellant

had filed an application for renewal only on 21.04.2022. He

would submit that the appellant, after returning to India, even in

the absence of valid driving license, was driving a vehicle on

19.04.2022 and met with an accident and caused injury to a

person, for which, an FIR has been filed. The injured person had

filed a petition for compensation under the provisions of the Act,

1988, which is pending consideration. He would further submit

that the application for renewal has been filed only after the FIR

has been charged, with the motive to come out of the liabilities

which may befall him in the criminal as well as civil proceedings.

Learned Government Pleader would submit that the decision of

the Hon'ble Apex Court dated 10.01.2022 is not applicable in the

present case.

5. By taking us through the orders, he would submit that the

limitation was extended by the Hon'ble Apex Court only with

regard to filing of petitions, applications, suits, appeals or other WA NO. 30 OF 2023

quasi judicial proceedings. In the present case, the filing of the

application is only a procedure for renewing the license. There is

no order refusing or revoking the driving license against the

present appellant and therefore, it cannot be said that the

authority had exercised a quasi judicial function. He therefore

would submit that the appeal be dismissed.

6. We heard the learned Advocates appearing for respective

parties.

7. It is an undisputed fact that the driving license of the

appellant had expired on 19.11.2020. As per the proviso to Sub

Section 1 of Section 15, an application for renewal of license can

be made either one year prior to the date of its expiry or within

one year after the date of expiry. Section 15 of the Act, 1988, reads

as under:

"15. Renewal of driving licenses.-(1) Any licensing authority may, on application made to it, renew a driving license issued under the provisions of this Act with effect from the date of its expiry:

Provided that in any case where the application WA NO. 30 OF 2023

for the renewal of a license is made [either one year prior to date of its expiry or within one year] after the date of its expiry, the driving license shall be renewed with effect from the date of its renewal:

Provided further that where the application is for the renewal of a license to drive a transport vehicle of 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 license. (2) An application for the renewal of a driving license 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 license is made previous to or not more than [one year] 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.

(4) Where an application for the renewal of a driving license is made more than [one year] after the date of its expiry, the fee payable for such renewal shall be WA NO. 30 OF 2023

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 license 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 sub- section(3):

Provided further that if the application is made more than [one year after the driving license has ceased to be effective, the licensing authority shall] refuse to renew the driving license 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 license is not the authority which issued the driving license it shall intimate the fact of renewal to the authority which issued the driving license."

WA NO. 30 OF 2023

8. It is an undisputed fact that the period of one year for

filing an application for renewal in the present case would expire

on or before 18.11.2021. It is also an undisputed fact that before

the aforesaid prescribed period, no application for renewal has

been filed by the present appellant. By two orders dated

29.10.2021 and 22.11.2021, the Transport Department has

extended the period for filing of such application only up to

31.12.2021. The language of the order dated 29.10.2021 clearly

indicates that those licenses which would expire between

01.02.2020 to 31.10.2021 is extended up to 31.12.2021. It was

also further clarified by another order dated 22.11.2021 that even

licenses which would expire between 01.11.2021 to 30.12.2021 is

extended up to 31.12.2021. Therefore, the appellant was

supposed to file an application for renewal on or before

31.12.2021. It is pertinent to note that the appellant, after

returning to India on 19.04.2022, without a valid driving license,

had driven a vehicle and met with an accident and only for that

reason, he filed an application for renewal of license on WA NO. 30 OF 2023

21.04.2022. It is also pertinent to note that the authority has not

refused to renew the application and therefore, there is no

question of treating such proceedings as quasi judicial

proceedings. Even Sub Section 2 of Section 17 provides for filing

an appeal to prescribed authorities if renewal of driving license is

refused or revoked by the authority. There are no such facts in

the present case. As far as the order dated 10.01.2022, suo motu

taken up by the Hon'be Apex Court is concerned, in the first

paragraph itself it is clarified that the limitation would be

extended for a period of 90 days with regard to the filing of

petitions, applications, suits, appeals or other quasi judicial

proceedings. Paragraph 1 of the orders reads as under:

"In March, 2020, this Court took Suo Motu

cognizance of the difficulties that might be faced by

the litigants in filing petitions/applications/ suits/

appeals/ all other quasi proceedings within the

period of limitation prescribed under the general law

of limitation or under any special laws (both Central WA NO. 30 OF 2023

and/or State) due to the outbreak of the COVID19

pandemic."

9. In view of the above observations, it cannot be said that

filing an application for renewal of license and deciding the same

are quasi judicial proceedings, particularly when the authority has

neither refused to renew the license or revoked the license.

Hence, we do not find any substance in this appeal.

Accordingly it is dismissed.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 09.08.2023 WA NO. 30 OF 2023

APPENDIX OF WA 30/2023