The petitioner approached the High Court aggrieved by the Lok Ayukta’s order declining to entertain his complaint due to a pending vigilance enquiry. The court allowed the matter to be handled by the licensing authority with notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930
OP.No. 6538 of 2003(C)
---------------------------------
PETITIONER:
------------------
C.M.JAYAKRISHNAN, PROPRIETOR, KANNUR MOTOR AND AUTO DRIVING SCHOOL, HASSAN ARCADE, OPP: R.T.OFFICE, KANNUR-670002, RESIDING AT VADAKKAYIL HOUSE, P.O.ALAVIL, KANNUR-670008
BY ADV. SRI.K.RAMAKUMAR (SR.)
RESPONDENTS:
----------------------
1. THE KERALA LOK AYUKTA, THIRUVANANTHAPURAM
2. SRI.K.HAREENDRAN, JOINT REGIONAL TRANSPORT OFFICER, KANNUR (NOW THE REGIONAL TRANSPORT OFFICER, KANNUR)
3. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM.
4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R2 R3 R4
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP. NOS.11508/2003, 14537/2003 IN OP. 6538/2003
DISMISSED
24.09.2008
SD/- KURIAN JOSEPH, JUDGE
APPENDIX
PETITIONERS EXHIBITS
P1:- COPY OF THE COMPLAINT NO.63/2000 SUBMITTED BY THE PETITIONER BEFORE R1.
EXT.P2:- COPY OF THE COMPLAINT NO.295/01 SUBMTITED BY THE PETITIONER BEFORE R1.
EXT.P3:- COPY OF THE WRITTEN STATEMENT FILED BY R2 IN COMPLAINT NO.295/2001 ON THE FILE OF R1.
P4:- COPY OF THE WRITTEN STATEMENT FILED BY R2 IN COMPLAINT NO.63 OF 2000 ON THE FILE OF R1.
P5:- COPY OF THE REPORT SUBMTITED BY the DEPUTY SUPERINTENDENT OF POLICE, LOK AYUKTA.
P6:- COPY OF THE COMMON ORDER DT. 10.1.2001 IN COMPLAINT NO.63/2000 AND 295/2001.
P7:- COPY OF THE SHOW CAUSE NOTICE NO.L1/1972/03-C DT. 19.2.03 BY THE REGIONAL TRANSPORT OFFICER, KANNUR (LICENSING AUTHORITY.
RESPONDENT'S EXHIBITS
R2(a):- COPY OF THE COMPLAINTS LODGED BY ME AGAINST THE PETITIONER DT. 29.1.2003.
R2(b):- COPY OF THE COMPLAINT BY THE STUDENTS OF THE DRIVING SCHOOL DT. 15.2.2003.
R2(c):- COPY OF THE REGARDING RENEEL OF LEANERS AND KANNUR DRIVING SCHOOL, DT. 24.2.03.
R2(d):- COPY OF THE PETITION AGAINST THE KANNUR DRIVING SCHOOL REGARDING BIDGE TEST. DT. 24.2.03.
R2(e):- COPY OF THE SPECIAL REPORT SUBMITTED BY P.D.VIPIN J. R.T.O AGAINST THE CHARACTER OF KANNUR DRIVING SCHOOL DT. 18.3.97.
/ TRUE COPY/
P.A. TO JUDGE
tss
KURIAN JOSEPH, J.
O.P. No.6538 of 2003
Dated 24th September, 2008.
J U D G M E N T
Petitioner approached this court aggrieved by Ext.P6 order passed by the first respondent. It is seen that such order declining to entertain the petitions submitted by the petitioner, happened to be passed on the ground that a vigilance enquiry was pending against the petitioner. In the meanwhile, it is also seen that petitioner was issued Ext.P7 notice by the licensing authority. It is a show cause notice, proposing to revoke the licence. Being a show cause notice, it will be open to the petitioner to submit his reply. This, the petitioner may do within a period of two months from today. It is made clear that for the only reason that the petitioner had approached the licensing authority, no action shall be taken against him. In the event of the petitioner submitting reply as above, the matter will be duly examined by the licensing authority with notice to the petitioner and appropriate orders in accordance with law will be passed expeditiously. As far as the investigation done by the licensing authority is concerned, in view of the intervening developments
OP NO. 6538/03
2
and in view of the change in circumstances, it will be open to the petitioner to approach the authority afresh, if required.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
O.P. No.6538 of 2003
J U D G M E N T
Dated 24th September, 2008.
1 issue framed by the court
whether the High Court should dispose of the writ petition complaining of the Lok Ayukta’s order declining to entertain the complainant’s petition.
C.M.JAYAKRISHNAN
THE KERALA LOK AYUKTA
SRI.K.HAREENDRAN
THE TRANSPORT COMMISSIONER
STATE OF KERALA
KURIAN JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
