Ashraf C.F vs The Regional Transport Officer
2024 Latest Caselaw 11395 Ker

Kerala High Court

Ashraf C.F vs The Regional Transport Officer on 19 April, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

          FRIDAY, THE 19TH DAY OF APRIL   2024 / 30TH CHAITHRA, 1946

                            WP(C) NO. 15940 OF 2024

PETITIONER:

              ASHRAF C.F,
              AGED 45 YEARS
              45 YEARS, S/O. FAROOK, CHAKKALAYIL HOUSE, MUDICKAL P.O.,
              PERUMBAVOOR, ERNAKULAM - 683 547.

              BY ADVS.
              RILGIN V.GEORGE
              NAZRIN BANU
              AKSHARA K.P.


RESPONDENT:

              THE REGIONAL TRANSPORT OFFICER,
              (LICENSING AUTHORITY), RTO ENFORCEMENT, ERNAKULAM ZONE,
              KERALA- 682024.


OTHER PRESENT:

              SRI V VENUGOPAL, GP.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15940 OF 2024
                                    2



                             JUDGMENT

This writ petition has been filed challenging Ext.P5 order

passed by the respondent - Regional Transport Officer. The main

grievance of the petitioner is that before passing Ext.P5 order,

the petitioner was not heard by the respondent.

2. On a perusal of Ext.P5, it is seen that the petitioner

was not afforded an opportunity of being heard.

Accordingly, this writ petition is disposed of, treating Ext.P5

as a show cause notice. The petitioner shall raise objection

against Ext.P5 and shall appear before the respondent on

30.04.2024 at 11.00 am and the respondent shall pass

appropriate orders after hearing the petitioner, in accordance

with law, within a period of two weeks thereafter.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE rp WP(C) NO. 15940 OF 2024

APPENDIX OF WP(C) 15940/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF DRIVING LICENSE ISSUED TO THE PETITIONER ON 15.11.1996.

Exhibit P2 A TRUE COPY OF THE E-CHALLAN DATED 22.06.2023.

Exhibit P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.02.2024

Exhibit P4 A TRUE COPY OF THE REPLY DATED 17.02.2024

Exhibit P5 A TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 30.03.2024 ( ENF/S-69/2024/E)