Disposed

Limesh v. the State of Kerala

Kerala HC22 Jan 2013WP(C)/2135/2013

Case brief

AI extract

What is this about?

The petitioner, a driving school proprietor, challenged licence cancellation alleging lack of service. The court directed the second respondent to communicate the order within one week and instructed the appellate authority to dispose of the appeal within two weeks.

What did the court decide?

Communiction of the order regarding cancellation of driving school licence within one week; appeal disposed within two weeks.

Limesh Vs the State of Kerala — Company and Corporate | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934

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WP(C).No. 2135 of 2013 (N)

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PETITIONER(S):

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LIMESH, AGED 29 YEARS S/O. MOHANAN, PUNNOKARAN HOUSE, P O KOLAZHY PROPRIETOR, AMMA DRIVING SCHOOL, PALLIMOOLA THRISSUR-686608.

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BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH)

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RESPONDENT(S):

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THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT MOTOR VEHICLE DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

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THE REGIONAL TRANSPORT OFFICER COLLECTORATE,AYYANTHOLE,THRISSUR-680001.

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R BY SR. GOVERNMENT PLEADER SRI.P.M.SANEER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN W.P.(C) NO.2135 OF 2013

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PETITIONER(S) EXHIBITS

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EXHIBIT P1- A TRUE COPY OF THE ROUGH STATEMENT WRITTEN DOWN OF THE FIR IN CRIME NO. 1634 OF 2012 OF THE VIYYUR POLICE STATION DATED 31-12-2012.

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EXHIBIT P2- A TRUE COPY OF THE SHOW CAUSE ISSUED DATED 5-1-2013 AND RECEIVED 12-1-2013.

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EXHIBIT P3- A TRUE COPY OF THE REPLY OF THE PETITIONER DATED 15-1-2013.

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EXHIBIT P4- A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXT P3 DATED 16-1-2013.

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EXHIBIT P5- A TRUE COPY OF THE MOTOR DRIVING SCHOOL IDENTITY CARD DATED NIL.

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EXHIBIT P6- A TRUE COPY OF THE PAPER NEWS IN DESABHIMANI DAILY DATED 16-1-2013.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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W.P.(C) No. 2135 of 2013

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Dated this the 22^nd day of January, 2013

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J U D G M E N T

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The petitioner holds a licence for conducting a driving school. It is alleged that one of his staff misbehaved with a student in the school. Proceedings were initiated against the petitioner on this count. Ext.P2 show cause notice reveals that the proceedings are under Rule 24(3)(i) and Rule 28(1)(a) of the Central Motor Vehicles Rules, 1989.

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The petitioner laments that he knew about the cancellation of the licence only from the newspapers. It is stated that the petitioner has not been served with a copy of the order cancelling the licence. The Government Pleader assures me that the order will be communicated within a period of three days.

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I direct the second respondent to communicate the order regarding the cancellation/suspension of the driving school licence of the petitioner within a period of one week. The petitioner can challenge the legality of the action taken by the second respondent in an appeal under Section 29 of the Central Motor Vehicles Rules, 1989. It is reported that the appellate

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W.P.(C) No.2135/2013.

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authority is the Deputy Transport Commissioner, Thrissur.

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The Deputy Transport Commissioner on receipt of

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an appeal from the petitioner in this regard shall make every endeavour to dispose of the same within a period of two weeks. The Writ Petition is disposed of.

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V.CHITAMBARESH, Judge.

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nj.

Limesh v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Limesh v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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