Sibin John.Y vs Regional Transport Officer ...
2023 Latest Caselaw 9500 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                         WP(C) NO. 29110 OF 2023
PETITIONER:

           SIBIN JOHN.Y
           AGED 34 YEARS
           S/O YOHANNAN., RESIDING AT LIJU BHAVAN, ARUKANNANKUZHI
           CHATHUPPU ELENCHIYAM.P.O., NEDUMANGAD,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695563.

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR
           BIJOY SAM GEORGE

RESPONDENTS:

     1     REGIONAL TRANSPORT OFFICER (ENFORCEMENT),
           BSNL TELEPHONE EXCHANGE, CHANDRANAGAR COLONY EXTENSION,
           KOOTTUPATHA, PALAKKAD DISTRICT, PIN - 680007.

     2     DEPUTY TRANSPORT COMMISSIONER (CENTRAL ZONE - THRISSUR),
           CIVIL STATION, CIVIL LANE ROAD, KALYAN NAGAR, AYYANTHOLE,
           THRISSUR, KERALA, PIN - 680003.

     3     JOINT REGIONAL TRANSPORT OFFICER (LICENSING AUTHORITY),
           SUB REGIONAL TRANSPORT OFFICE, 3RD FLOOR, REVENUE TOWERS,
           NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695541.

     4     THE TRANSPORT COMMISSIONER
           TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
           PIN - 695014.

     5     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
           TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001.

           SRI.RAJEEV JYOTHISH GEORGE, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29110 OF 2023                   2




                                         JUDGMENT

The petitioner states that he is a driver by profession. His vehicle was

intercepted by the 1st respondent on 7.2.2023 on the allegation that he had

overloaded the vehicle. Thereafter, a show cause notice was issued proposing

to suspend the licence. The petitioner states that a detailed objection to the

show cause notice was submitted. However, disregarding the objections, the

respondent proceeded to pass the impugned order invoking the provisions of

Section 19(1)(f) of the Motor Vehicles Act and suspended the licence for a

period of three months. The petitioner states that challenging the above order,

he has preferred an appeal before the 2nd respondent under Section 19(3) of

the Motor Vehicles Act along with a stay petition. It is in the above fact

scenario that this writ petition is filed seeking the following reliefs:-

(i) issue a writ of mandamus or any other appropriate writ or order commanding the 2nd respondent to hear and pass appropriate orders on the stay petition filed along with Ext.P8 memorandum of appeal at an early date.

(ii) issue a writ of mandamus or any other appropriate writ or order staying the operation of Ext.P5 order dated 9.8.2023 passed by the 1st respondent invoking the provisions of Section 19(1)(f) read with Rule 21 of the Central Motor Vehicles Rules which was issued without hearing him and without affording him with an opportunity of being heard whereby suspending Ext.P1 licence issued in the name of the petitioner for a period of 3 months commencing from 24.8.2023 to 23.10.2023.

(iii) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.

2. I have heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. The learned Government Pleader submits that Ext.P8 appeal and the

stay petition preferred by the petitioner have been received, and expeditious

orders can be passed.

Having regard to the facts and circumstances and the submissions made

across the bar, this petition is disposed of, directing the 2nd respondent to take

up Ext.P8 appeal along with the stay petition and take a decision within a

period of one month. If a request is made to take up the application for the

stay on an earlier date, the same shall be considered.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 29110/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY THE HEAVY DRIVING LICENSE NO.

KL2120120002579 ISSUED IN THE NAME OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE REGISTRATION STATUS OF VEHICLE NO.KL-08BR-1663.

Exhibit P3 A TRUE COPY OF SHOW CAUSE NOTICE ISSUED ON 20.02.2023 BY THE RESPONDENT PROPOSING TO SUSPEND THE LICENCE OF THE PETITIONER INVOKING THE PROVISIONS OF SECTION 19 OF THE MOTOR VEHICLES.

Exhibit P4 A TRUE COPY OF OBJECTION MADE BY THE PETITIONER DATED 27.06.2023 TO THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE PROCEEDINGS DATED 09.08.2023 ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE ORDER NO.A1/24/2022-TC DATED 09.02.2022 ISSUED BY THE GOVERNMENT OF KERALA Exhibit P7 A TRUE COPY OF THE INTERIM ORDER ISSUED IN W.P.(C) NO.11739/2023 BY THIS HON'BLE COURT ON 31.03.2023.

Exhibit P8 A TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.08.2023 FILED BY THE PETITIONER CHALLENGING EXHIBIT.P5 ORDER.