Kerala High Court
Warriors For Anti Corruption And Social ... vs State Of Kerala on 7 July, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
WP(C).No.8296 OF 2020(S)
PETITIONER:
WARRIORS FOR ANTI CORRUPTION AND SOCIAL JUSTICE
REPRESENTED BY ITS CO-ORDINATOR MR. SHIBU MAJEED,
AGED 42 YEARS, S/O ABDUL MAJEED, SHIBHINA MANZIL,
KODINADA, BALARAMPURAM P.O.,
THIRUVANANTHAPURAM-695 501.
BY ADVS.
SRI.C.R.SURESH KUMAR
SRI.K.P.OMANAKUTTAN
SMT.AMRUTHA SURESH
RESPONDENTS:
1 STATE OF KERALA
REP BY THE SECRETARY, MINISTRY OF TRANSPORT,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 COMMISSIONER OF TRANSPORT,
TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWER,
C.V.RAMAN PILLAI RD, DPI, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA-695 014.
R1-R2 BY SRI.P.SANTHOSHKUMAR, SPL.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8296 OF 2020(S) 2
JUDGMENT
S.MANIKUMAR,CJ Instant writ petition is filed by the petitioner seeking the following reliefs:
1. A writ of mandamus or any other appropriate writ may be issued directing the 1st respondent to produce the records leading to the issuance of Ext.P6 order.
2. A writ of mandamus or any other appropriate writ may be issued directing the 1st and 2nd respondents to pass appropriate order to cancel Ext.P6 order instantly.
3. An order by way of an appropriate writ may be issued to the 2 nd respondent to recall any license issued in the State of Kerala at the instance of Ext.P6.
4. To declare that Ext.P6 order issued by the 2 nd respondent is illegal and arbitrative hence only worthy to be set aside by an appropriate order.
5. Such other orders or writ may be issued to the respondents which deemed fit and proper to this Hon'ble Court in the circumstances of this case.
2. Petitioner is a member of a society viz., 'Warriors for Anti Corruption and Social Justice', aiming to help the Government in eradicating corruption and establishing social justice by imparting knowledge and other social activities, evident from Ext.P1.
WP(C).No.8296 OF 2020(S) 3
3. According to the petitioner, consequent to Ext.P6 order of the Transport Commissioner to renew the licenses which have expired since one year but not not later than 5 years from the date of such expiry, there could be chances of unprecedented and unfortunate road traffic accidents which may endanger public life.
4. It is the case of the petitioner that in view of the road traffic accidents and traffic violations increasing day by day, the Central Government amended a few sections of the Motor Vehicles Act, 1988 incorporating stringent penal provisions for gross violation on road traffic and also to provide ease of the procedure in renewal of driving licenses. Hence the Motor Vehicles (Amendments) Act, 2019 has come into force w.e.f.1.9.2019 vide notification dated 28.8.2019, produced as Ext.P2.
5. The predominant contention advanced by the petitioner is that Ext.P6 order issued by the Transport Commissioner to renew the licenses expired upto a period of 5 years would undermine all the purpose and safety objects of the amended Act. It is also pointed out that it is easy for non-resident Keralites and non-resident Indians to get medical certificates from the place where they stay. By Rule 5 of the Kerala Motor Vehicle Rules, the State Government recognises only the Medical Practitioners who are MBBS degree holders or its equivalent having registration with the Travancore Cochin Medical Council. That apart it is submitted that a circular issued by the Transport Commissioner cannot have any binding nature over and above the provisions of the Motor WP(C).No.8296 OF 2020(S) 4 Vehicles Act and the Rules framed thereunder. Therefore, the case of the petitioner is that Ext.P6 order of the Transport Commissioner is not concerning traffic and road safety and accordingly, illegal and arbitrary liable to be interfered with by this Court under Article 226 of the Constitution of India.
6. We have heard counsel for the petitioner Mr.C.R.Suresh Kumar, the learned special Government Pleader Sri.P.Santhosh Kumar and perused the pleadings and documents on record.
7. On 17th March, 2020, we passed the following order:
"Warriors for Anti Corruption and Social Justice, petitioner has sought for a writ of mandamus directing the Secretary to Government of Kerala, Ministry of Transport, Thiruvananthapuram (respondent No.1) to produce the records which culminated in issuance of Exhibit P6 order. Translation of which reads thus:
"No.C1/E123056/TC/2020 Commissioner of Transport, Transport Commissionarate, 2 nd floor, Trans Tower, C.V. Raman Pillai rd, DPI, Vazhuthacaud, Thiruvananthapuram.
Dated From, Transport Commissioner Thiruvananthapuram.
To,
1. All Deputy Transport Commissioners,
2. All Regional Transport Commissioners
3. All Joint Regional Transport Officers.WP(C).No.8296 OF 2020(S) 5
Sir, Sub: Motor Vehicles Department- renewal of driving licenses which have expired since one year but not later than 5 years from the date of such expiry -rgd.
Ref: Govt. letter No.B2/30/2019 dtd 06.02.2020 As per the reference cited above the Government had ordered that until 31.3.2020, the driving licenses can be renewed as per the law prevailing before 1.10.2019. Therefore such licenses which have been expired since one year but not later than 5 years from the date of such expiry shall be renewed by dispensing para 3 and 5 of Circular No.9/2019, and also by dispensing learners license, driving test for such applicants. This relaxation will be in effect till 31.3.2020.
Considering the difficulties of citizens from Kerala State who are residing abroad and other districts to directly come and renew licenses, their authorized representatives can submit application for renewal along with medical certificate/vision test certificate issued from such foreign countries and other districts. Such medical certificate/vision test certificate shall be in the prescribed form.
The above said directions shall be published in notice board by concerned authorities for public notice. The copy of the order cited in the reference is annexed herewith for your information.
Yours faithfully, Sd/-
Transport Commissioner"
Ext. P6 is an inter departmental correspondence of Transport Commissioner, Thiruvananthapuram addressed to all the Deputy Transport Commissioners, all the Regional Transport Commissioners, and all the Joint Regional Transport Officers.
2. Petitioner has also sought for a mandamus directing Secretary to WP(C).No.8296 OF 2020(S) 6 Government of Kerala, Ministry of Transport, Thiruvananthapuram and Commissioner of Transport, Transport Commissionarate, Thiruvananthapuram (respondents 1 & 2 respectively) to cancel Ext.P6 order.
3. Supporting material on record discloses that a demi official letter dated 31.12.2019 of the Hon'ble Minister for Road Transport and Highways, Micro, Small and Medium Enterprises, Government of India addressed to the Hon'ble Minister for Transport, Government of Kerala, Thiruvananthapuram has been enclosed as Ext.P3. Photocopy of Ext.P3 contains notings and signatures of Hon'ble Minister for transport, Government of Kerala, Thiruvananthapuram as well as signatures of Hon'ble Minister for Road Transport and Highways, Micro, Small and Medium Enterprises, Government of India. So also, Ext.P5 is a correspondence between Principal Secretary to Government, Transport (B) Department addressed to Transport Commissioner. Going through the above, it could be noticed that the signature portion of Ext.P5 has been covered and thereafter photocopy taken. Vernacular form is a photocopy of an interdepartmental correspondence between Transport Commissioner, Thiruvananthapuram and others stated supra. Photocopy contains the seal and signature of Transport Commissioner.
4. Before adverting to the contentions raised in this public interest litigation, posed with a query as to how the petitioner could lay access to the above said documents, Mr. C.R. Suresh Kumar, learned counsel for petitioner submitted that above said documents were given by Mr. K.P. Omanakuttan, Advocate, Roll No.K/801/2012. Warriors for Anti Corruption and Social Justice, represented by its Coordinator Mr. Shibu Majeed, is directed to file an affidavit explaining how the above documents were obtained.
5. Mr. P. Santhosh Kumar, learned Special Government Pleader appearing for Department of Transport as well as Transport Commissioner (respondents 1 and 2) is directed to ascertain as to whether any application has been filed by either the petitioner or any other person under the provisions of Right to Information Act, 2005 for supply of documents referred to, in the foregoing paragraphs and furnish details in this regard.
Post on 20.3.2020."
WP(C).No.8296 OF 2020(S) 7
8. Pursuant to the directions, petitioner has filed an affidavit dated 19 th March, 2020 wherein paragraphs 3, 4, 7 & 9 have stated thus:
"3. I was given with a copy of Ext.P6 by a friend working as Motor Vehicle Inspector in Transport Department, named Harikumar for getting opinion regarding legal validity of such an order by passing the existing act. He is a former student of Law Academy at Trivandrum also.
4. Since the matter needs to be clarified, I asked him the previous letters which led to the issuance of Exhibit P-6. He clarified me that all those documents are available in the departmental website and social media to make the public aware and avail the benefit of it.
7.I personally went to the office of the 2 nd respondent and verified whether those documents are genuine or not and I was informed that these all are circulated for public awareness and are genuine.
9. I have not resorted to any illegal means to obtain the documents furnished with the petition. Moreover, the society representing is a non- profiteering one having an audited balance of Rs.2333/- according to the audit report of the Financial year 2018/19. A copy of the Audit Report for the period 2018-19 of the petitioner's society is produced herewith to be marked as Exhibit P-9. All the expenditure for social activities are borne by the members only and no donations are accepted from the Public."
9. We are not convinced with the explanation given by the petitioner that he had obtained the documents from one Mr.Harikumar, a Motor Vehicle Inspector in Transport Department. As stated supra, the documents have the signature of the Hon'ble Minister of Road Transport and Highways, Micro, Small and Medium Enterprizes, Government of India addressed to the Hon'ble WP(C).No.8296 OF 2020(S) 8 Minister of Transport, Government of Kerala, Thiruvananthapuram, enclosed as Ext.P3.
10. Ext.P5 is also a correspondence of the Principal Secretary to Government, Transport Department, Thiruvananthapuram addressed to the Transport Commissioner. Both are inter-departmental correspondence and not to be disclosed, to any person unless and until an application under Right to Information Act, 2005 has been made and decided by the Public Information Officer concerned.
11. The period specified in the impugned letter had lapsed on 31.3.2020 and at this juncture there is no need to delve into the correctness and legality of the said letter. Petitioner is not entitled to get any reliefs as are sought for in the writ petition.
12. However, we are of the view that it is only fit and proper that an enquiry should be conducted as to how the inter-departmental correspondence by and between the Ministries of the Central and the State Government and the Minister of the State and the officer were secured by the petitioner.
13. For the reasons stated supra, we direct the Secretary to Government, Ministry of Transport, Thiruvananthapuram, to make necessary enquiry at the earliest as to how the documents have been parted with the petitioner.
WP(C).No.8296 OF 2020(S) 9
Writ petition is disposed of with the above direction.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
smv JUDGE
WP(C).No.8296 OF 2020(S) 10
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE OF NO
TVM/TC/352/2016 DATED 18.3.2016 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P2 COPY OF THE NOTIFICATION DATED 28.8.2019 VIDE SO 3110(E) EXHIBIT P3 COPY OF DO LETTER NO RT-11036/72/2019-MVL DATED 31.12.2019 EXHIBIT P4 COPY OF CIRCULAR NO 09/2019 DATED 15.10.2019 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P5 COPY OF LETTER NO B2/309/2019/TRANS DATED 6.2.2020 EXHIBIT P6 COPY OF LETTER VIDE NO C1/E123056/TC/2020 DATED NIL ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P7 COPY OF REPRESENTATION TO THE 1ST RESPONDENT DATED 12.3.2020 EXHIBIT P8 COPY OF REPRESENTATION TO THE 2ND RESPONDENT DATED 12.3.2020 EXHIBIT P9 A COPY OF THE AUDIT REPORT FOR THE PERIOD 2018-19 OF THE PETITIONER'S SOCIETY EXHIBIT P10 A COPY OF THE LETTER DOWNLOADED FROM THE OFFICIAL SITE OF THE 2ND RESPONDENT