In W.P.(C) No. 4830 of 2014, the Court quashed the petitioner's writ petition for cancellation of driving licence. It was held that the statutory appeal remedy before the Deputy Transport Commissioner remained open, rendering the writ petition expressly closed.
Writ petition dismissed as statutory appeal remedy remains open.
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 K.VINOD CHANDRAN
FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936
WP(C).No. 4830 of 2014 (C)
PETITIONER:
AJITH G.,S/O.GOPALA KRISHNAN, AJITH BHAVAN, POOVATHOOR, KOTTARAKKARA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENTS:
1. LICENSING AUTHORITY, MOTOR VEHICLES DEPARTMENT,
KOLLAM-691 001.
2. TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
R1 & R2 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 4830 of 2014 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1 | COPY OF THE BAIL ORDER OF THE HON'BLE HIGH COURT IN BA.5308/2013 |
|---|---|
| EXT.P2 | COPY OF THE ORDER OF LICENSING AUTHORITY, KOLLAM DATED 5-9-2013 |
| EXT.P3 | COPY OF THE NEWS PAPER REPORT DATED 16-7-2013 IN MANORAMA DAILY. |
| EXT.P4 | COPY OF THE APPEAL PENDING BEFORE THE SECOND RESPONDENT. |
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. VINOD CHANDRAN, J
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 4830 of 2014
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 4th day of April, 2014
J U D G M E N T
The petitioner is aggrieved by Ext.P2 order passed by the licensing authority Kollam, wherein the licence issued to the petitioner was cancelled with immediate effect under Section 19(1)(f) of the Motor Vehicles Act, 1988 read with Rule 21 of the Central Motor Vehicles Rules. The petitioner seeks for an expeditious consideration of Ext.P4. The learned Government Pleader submits that the petitioner who is aged 21 years was driving a stage carriage, which collided with a KSRTC Bus and resulted in the death of six persons. It is also submitted that the petitioner has filed an appeal before the 2nd respondent and as per the statute an appeal is maintainable only before
WPC.No.4830/2014
: 2 :
the Deputy Transport Commissioner. In such circumstance, leaving open the remedy of the petitioner to file a statutory appeal, writ petition is closed.
Sd/- (K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
2 issues framed by the court
Whether a writ petition is maintainable when a statutory appeal against cancellation of licence is available.
Whether Appellant is eligible to prefer an appeal against cancellation order before Deputy Transport Commissioner.
2 provisions across 2 enactments
Ajith G.
Licensing Authority, Motor Vehicles Department, Kollam
Transport Commissioner, Motor Vehicle Department, Thiruvananthapuram
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
