Partly allowed

Musthafa P K v. Additional Licensing Authority-Mananthavadi

Kerala HC8 Feb 2018WP(C)/772/2018

Case brief

AI extract

What is this about?

Petitioner challenged a six-month suspension of his driving license issued after a show cause notice under Section 19(1) of the Motor Vehicles Act was returned unclaimed. The court held the order was not passed without notice as service was regular and directed the petitioner to file a statutory appeal before the Appellate Authority.

What did the court decide?

Dismissal of the writ petition; directions to file a statutory appeal under Section 19(3) of the Motor Vehicles Act before the Appellate Authority.

Musthafa P K Vs Additional Licensing… — Writ and Judicial Review | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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WP(C).No. 772 of 2018 (V)

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PETITIONER

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MUSTHAFA P K, S/O MUHAMMED P.K., AGED 34 YEARS, VALAPPIL HOUSE, AALINCHODU, KUZHIMANNA P.O. MALAPPURAM DISTRICT.

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BY ADVS.SRI.T.K.AJITH KUMAR

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SRI.A.P.NIDHIN KUMAR.

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RESPONDENTS

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1. ADDITIONAL LICENSING AUTHORITY - MANANTHAVADI,

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SUB REGIONAL TRANSPORT OFFICE, KELLUR (PO),

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WAYANAD DISTRICT PIN- 60 645.

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2. THE ASSISTANT MOTOR VEHICLE INSPECTOR,

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MANANTHAVADI, SUB REGIONAL TRANSPORT OFFICE,

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KELLUR P.O. WAYANAD DISTRICT PIN- 60 645

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BY Sr. GOVERNMENT PLEADER SMT. C.S. SHEEJA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Hr....

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WP(C).No. 772 of 2018 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER BEARING NO.10/3629/2001.

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EXHIBIT P2 TRUE COPY OF THE VEHICLE CHECK REPORT DATED 16-08-2017.

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EXHIBIT P3 TRUE COPY OF THE ORDER DATED 5-12-2017 PASSED BY THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

// TRUE COPY//

P.S TO JUDGE.

Hr.....

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.772 of 2018

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Dated this the 8^th day of February, 2018

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J U D G M E N T

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The petitioner, who is the holder of Ext.P1 driving licence issued by the 1^st respondent Additional Licensing Authority, is

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before this Court in this writ petition, seeking a writ of certiorari to quash Ext.P3 order dated 5.12.2017 of the 1^st respondent and seeking a writ of mandamus commanding the said respondent to decide the matter afresh after giving an opportunity of being heard to the petitioner as mandated under Section 19(1) of the Motor Vehicles Act, 1988.

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On 9.1.2018, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

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On 23.1.2018, when the writ petition was taken up for further consideration, it was submitted by the learned Senior Government Pleader that the show cause notice issued to the petitioner under Section 19(1) of the Act was returned 'unclaimed' and it was thereafter that the 1^st respondent has

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W.P.(C)No.772 of 2018

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issued Ext.P3 order.

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Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

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The pleadings and materials on record would show that on 16.8.2017 at 12.15 p.m., while the 2^nd respondent Assistant Motor Vehicle Inspector was conducting inspection of vehicles, the petitioner was found driving a Light Goods Vehicle bearing registration No.KL-10/AM-2981, using mobile phone. Accordingly, Ext.P2 check report dated 16.8.2017 has been issued. Thereafter, the 1^st respondent Additional Licensing Authority issued a show cause notice dated 31.8.2017 under Section 19(1) of the Act, which was followed by Ext.P3 order dated 5.12.2017, whereby Ext.P1 driving licence stands suspended for a period of 6 months from 30.11.2017 to 29.5.2018 under Section 19(1) of the Act. Now the grievance of the petitioner in this writ petition is that Ext.P3 order is one issued without affording him an opportunity of being heard and as such the same cannot be sustained.

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Heard the learned counsel for the petitioner and also

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W.P.(C)No.772 of 2018

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the learned Senior Government Pleader appearing for respondents 1 and 2.

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As discernible from Ext.P3 order, based on Ext.P2 check report, the 1^st respondent Additional Licensing Authority issued a show cause notice to the petitioner dated 31.8.2017. However, the said notice returned unclaimed and it was thereafter that, the 1^st respondent passed Ext.P3 order, whereby Ext.P1 driving licence of the petitioner stands suspended for 6 months.

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During the course of arguments, the learned Senior Government Pleader made available for the perusal of this Court, a photocopy of the envelope, in which, the show cause notice under Section 19(1) of the Act was sent to the residential address of the petitioner by registered post. As per the endorsement made on the said envelop by the postal authorities, despite intimation, the petitioner failed to collect the article and as such it was returned. The address in which the show cause notice under Section 19(1) was issued to the petitioner and the address shown in the cause title of this writ petition is one and the same. During the course of arguments, the learned counsel for the petitioner

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W.P.(C)No.772 of 2018

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submitted that the petitioner is residing in that address, along with the family members.

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In such circumstances, it cannot be said that Ext.P3 order passed by the 1^st respondent Additional Licensing Authority is one issued without notice to the petitioner, as provided under Section 19(1) of the Act. If the petitioner is aggrieved by Ext.P3 order, it is for him to challenge the same by filing an appeal before the Deputy Transport Commissioner (North Zone), as provided under Section 19(3) of the Act. A person who has shown scant regard to the show cause notice issued by the 1^st respondent Additional Licensing Authority under Section 19(1) of the Act, cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, especially when an appellate remedy is provided under Section 19(3) of the Act.

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In such circumstances, this writ petition is disposed of with the following directions ;

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(i) The petitioner shall file an appeal, as provided under Section 19(3) of the Act, before the Appellate Authority against Ext.P3 order dated 5.12.2017.

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(ii) If any such appeal is received within three weeks from

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W.P.(C)No.772 of 2018

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this date, along with certified copy of this judgment, the Appellate Authority shall entertain the same and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioner and also the 1^st respondent Additional Licensing Authority.

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(iii) All legal and factual contentions raised by the petitioner are left open to be raised before the Appellate Authority. It would be open to the petitioner to move an application before

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the Appellate Authority seeking interim relief.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/8.2.18

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//True copy//

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P.A.to Judge

Musthafa P K v. Additional Licensing Authority-Mananthavadi

Case brief

What is this about?

What did the court decide?

Musthafa P K v. Additional Licensing Authority-Mananthavadi

Case brief

What is this about?

What did the court decide?

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