Kerala High Court
Neelakanta Pilla.K vs The Additional Licensing Authority ... on 25 August, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017/24TH KARTHIKA, 1939
WP(C).No. 36690 of 2017 (I)
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PETITIONER :
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NEELAKANTA PILLA.K.,
S/O.LATE KRISHNADAS, AGED 49 YEARS,
NOW RESIDING AT ELANGAM VEEDU, 19/40-1,
PARASERI, CHUNKANKADAI POST, KANNYAKUMARI DISTRICT,
TAMILNADU, PIN-629 003.
BY ADV. SRI.K.P.RAMACHANDRAN
RESPONDENT(S):
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1. THE ADDITIONAL LICENSING AUTHORITY (THE JOINT RTO),
NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN-695 121.
2. THE STATE OF KERALA,
REPRESENTED BY SECRETARY TRANSPORT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
3. THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONRATE, 2ND FLOOR,
TRANS TOWERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM-695 014.
4. THE TAMILNADU STATE TRANSPORT CORPORATION
TIRUNELVELI LTD., NAGERCOIL REGION,
REPRESENTED BY ITS GENERAL MANAGER,
NESAMANI NAGAR, RANITHOTTAM, NAGERCOIL,
KANNYAKUMARI DISTRICT, PIN-629 001.
R1 TO R3 BY SR GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 36690 of 2017 (I)
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE DRIVING LICENSE (NO.TN-74-19890000657) OF THE
PETITIONER, ISSUED ON 10/06/1989.
P2 COPY OF THE IDENTITY CARD (NO.10347), ISSUED TO THE PETITIONER BY
TAMIL NADU STATE TRANSPORT CORPORATION, TIRUNELVELY LTD.,
NAGERCOIL REGION.
P3 COPY OF THE FIR NO.1630/2017, DATED 25/08/2017 OF NEYYATTINKA POLICE
STATION.
P4 COPY OF THE NOTICE DATED 25/09/2017 (NO.L5/5268/NTA/2017) ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER.
P5 COPY OF THE REPLY EXPLANATION STATEMENT DATED 26/09/2017 OF THE
PETITIONER SUBMITTED TO THE 1ST RESPONDENT
P6 COPY OF THE LICENSE CANCELLATION ORDER/PROCEEDINGS DATED
26/09/2017 (NO.L5/5268/NTA/2017) OF THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
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W.P.(C). No. 36690 OF 2017
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Dated this the 15th day of November, 2017
JUDGMENT
Petitioner is a driver by profession and holding a valid driving license for operating LMV as well as HTV valid till 23.07.2019. Petitioner was issued with Ext.P4 notice apparently under Section 19 of the Motor Vehicles Act, 1988 on the basis of Ext.P3 FIR launched under Section 304(A) of the Indian Penal Code. Petitioner was issued with a notice and petitioner has submitted Ext.P5 and thereafter passed Ext.P6 order, dated 26.09.2017.
2. From the pleadings as well as from the narration of Ext.P6 document, it is evident that the objection raised by the petitioner was considered and it is stated that the petitioner could not establish the defence put forth in Ext.P5 objection. Ext.P6 is an appealable order under Section 19(3) of the Motor Vehicles Act, 1988 and therefore the petitioner is to resort to the statutory remedy available to him under law. Even W.P.(C). No. 36690 of 2017 2 though, petitioner has a case that he was not heard properly from the records, it is evident that petitioner was heard. The other things are illegality liable to be proceeded as per the statutory provisions.
3. Therefore, if the petitioner makes any appeal before the appellate authority under the Motor Vehicles Act, 1988, within two weeks from the date of receipt of a copy of this judgment, same shall be treated as within time and pass orders, in accordance with law, after providing opportunity of hearing to the petitioner.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS