Sajjad V.A vs The Motor Vehicle Inspector
2024 Latest Caselaw 6429 Ker

Citation : 2024 Latest Caselaw 6429 Ker
Judgement Date : 6 March, 2024

Kerala High Court

Sajjad V.A vs The Motor Vehicle Inspector on 6 March, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
                 WP(C) NO. 8398 OF 2024
PETITIONER:

         SAJJAD V.A.
         AGED 25 YEARS, S/O ABDULLA V.A.,
         VALIYAVEEDU, CHERANALLUR P.O.
         CHERANALLUR VILLAGE. KANAYANNUR TALUK,
         ERNAKULAM DISTRICT., PIN - 682034.

         BY ADVS.
         V.N.SANKARJEE
         V.N.MADHUSUDANAN
         R.UDAYA JYOTHI
         M.M.VINOD
         M.SUSEELA
         KEERTHI B. CHANDRAN
         VIJAYAN PILLAI P.K.
         C.PURUSHOTHAMAN NAIR
         SINEESH K.M.
         SHILPA P.S.
         SAKIR.K.H.


RESPONDENTS:

   1     THE MOTOR VEHICLE INSPECTOR
         KAKKANAD, ERNAKULAM PIN - 682030.

   2     THE ASSISTANT MOTOR VEHICLE INSPECTOR
         KAKKANAD, ERNAKULAM - 682030.

   3     THE ROAD TRANSPORT OFFICER
         KAKKANAD, ERNAKULAM - 682030.

   4     THE JOINT ROAD TRANSPORT OFFICER
         KAKKANAD, ERNAKULAM - 682030.
 W.P.(C) No.8398 of 2024

                          :2:


   5     THE STATION HOUSE OFFICER
         ELAMAKKARA POLICE STATION, ERNAKULAM
         DISTRICT., PIN - 682026.

   6     THE CITY POLICE COMMISSIONER
         ERNAKULAM CITY, ERNAKULAM - 682016.

         BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.8398 of 2024

                               :3:




                       JUDGMENT

Dated this the 6th day of March, 2024

The petitioner, who is holding a Driving Licence, has

approached this Court seeking to direct respondents 1 to 4

to return the original of Ext.P3 Driving Licence to the

petitioner, at the earliest and within a definite time frame.

2. The grievance of the petitioner is that consequent

to a motor vehicle accident occurred on 19.01.2024, the

petitioner was required to produce the Driving Licence. The

petitioner has produced the Driving Licence before the

respondents. However, the respondents have not returned

the Driving Licence to the petitioner. The petitioner states

that the respondents have no authority or power to seize or

confiscate the Driving Licence of the petitioner. The

retention of the petitioner's Driving Licence by the

respondents is therefore illegal and arbitrary.

3. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader

submitted that consequent to the accident that occurred on

19.01.2024, FIR has been lodged under Sections 279, 337

and 338 IPC against the Driver of the vehicle. As per

Circular No.21 of 2008, the licensing authorities are directed

to invoke the powers under Section 19(1) of the Motor

Vehicles Act when serious accidents take place. The

petitioner has not challenged the said Circular. Therefore,

the petitioner cannot assert that the licensing authorities

have no power to retain the Driving Licence of the petitioner.

4. Be that as it may, from the pleadings I find that

the licencing authority has issued Ext.P5 show-cause notice

to the petitioner as early as on 14.02.2024. The petitioner

was required to appear before the licensing authority for

finalisation of the proceedings. According to the Government

Pleader, though the petitioner appeared before the licensing

authority, the petitioner sought further time to make

additional representation.

5. Counsel for the petitioner, on the other hand,

would submit that when Ext.P5 show-cause notice was

received, the petitioner has appeared and submitted Ext.P6

objection to the show-cause notice.

6. As the proceedings are not concluded and are

still pending, it would be only just and proper that the

licensing authority conclude the proceedings expeditiously,

taking into consideration Ext.P6 objection filed by the

petitioner also.

The writ petition is therefore disposed of directing the

2nd respondent-Assistant Motor Vehicle Inspector to

conclude the proceedings initiated as per Ext.P5 after taking

note of Ext.P6 objection filed by the petitioner. The petitioner

shall be given opportunity of personal hearing in the matter.

A decision shall be taken, as expeditiously as possible and

at any rate, within a period of six weeks.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 8398/2024

PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE LETTER OF APPOINTMENT DATED 15.2.2022 Exhibit P-2 TRUE COPIES OF THE DEGREE CERTIFICATE DATED 5.9.2022 AND CONSOLIDATED MARK CUM GRADE CARD DATED 7.3.2020 Exhibit P-3 TRUE COPY OF THE DRIVING LICENSE BEARING NO. 7/4241 DATED 12.5.2016 OF THE PETITIONER Exhibit P-4 TRUE COPY OF FIRST INFORMATION REPORT DATED 19.1.2024 IN CRIME NO. 56/2024 OF ELAMAKKARA POLICE STATION Exhibit P-5 TRUE COPY OF THE NOTICE DATED 14.2.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P-6 TRUE COPY OF THE REPRESENTATION DATED 21.2.2024 OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF THE REPRESENTATION DATED 22.2.2024 BY REGISTERED POST TO THE CITY POLICE COMMISSIONER, ERNAKULAM WITH POSTAL RECEIPT