Rajan S P vs Joint Regional Transport Officer
2023 Latest Caselaw 184 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                      WP(C) NO. 42913 OF 2022
PETITIONER:

             RAJAN S P
             AGED 53 YEARS
             PROPRIETOR, M/S. FRIENDS DRIVING SCHOOL,
             SRAMBIKKAL HOUSE, AYYAMPILLY.P.O.,
             NORTH PARUR TALUK, ERNAKULAM DISTRICT - 682 501
             BY ADVS.
             G.HARIHARAN
             PRAVEEN.H.
             K.S.SMITHA
             V.R.SANJEEV KUMAR
             GENTLE C.D.

RESPONDENTS:

      1      JOINT REGIONAL TRANSPORT OFFICER,
             NORTH PARUR, ERNAKULAM DISTRICT - 683 513
      2      MOTOR VEHICLE INSPECTOR,
             SUB REGIONAL TRANSPORT OFFICE, NORTH PARUR,
             ERNAKULAM DISTRICT - 683 513
OTHER PRESENT:

             SRI.JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.42913/2022

                                      2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.42913 of 2022
              ----------------------------------------------
            Dated this the 06th day of January, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ or order commanding the 1st and 2nd respondent to conduct the Driving Test on 30.12.2022 in a proper manner.

ii. Issue a writ of mandamus or any other appropriate writ or order restraining the 2nd respondent from harassing or interfering in the functioning of the driving school owned by the petitioner by misusing the official power vested with them.

iii. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. iv. To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice.

(SIC)

2. The first prayer in this writ petition is to issue

appropriate direction to respondents 1 and 2 to conduct

driving test on 30.12.2022. Admittedly that date is over. Now WP(C).No.42913/2022

the counsel for the petitioner submitted that the driving test is

scheduled on 09.01.2023 and the petitioner's students want to

participate in the driving test. But, in the light of the

endorsement in Ext.P4, the petitioner apprehends that the

students may not be allowed to participate in the driving test.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The Government Pleader, after getting instructions,

submitted that the driving school licence of the petitioner was

suspended and subsequently the petitioner rectified the

defects, except one, which can be done later, and the

respondents are going to revoke the suspension.

5. In the light of the same, there is no need of any

apprehension to the petitioner as far as the participation of

the students of the petitioner' driving school. Hence nothing

survives in this case.

Therefore, this writ petition is disposed of recording the

submission of the Government Pleader.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.42913/2022

APPENDIX OF WP(C) 42913/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENCE ISSUED BY THE LICENSING AUTHORITY ATTACHED TO THE REGIONAL TRANSPORT OFFICE, ERNAKULAM IN THE NAME OF THE PETITIONER FOR CONDUCTING A MOTOR DRIVING SCHOOL. Exhibit P2 TRUE COPY OF THE ONE SUCH NEWS ITEM PUBLISHED IN MALAYALA MANORAMA COCHIN EDITION DATED 19.12.2022 HIGHLIGHTING ABOUT THE BRIBE BEING COLLECTED BY THE MOTOR VEHICLE INSPECTOR IN KUMILY CHECK POST Exhibit P3 TRUE COPY OF THE WRITTEN COMPLAINT DATED 14.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE GROUND TEST SHEET SUBMITTED BY SMT. LIGI K.T. THROUGH THE PETITIONER'S DRIVING SCHOOL Exhibit P5 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION (CRL). 1289/2022 FIELD BEFORE THIS HON'BLE COURT.