A writ petition challenging a license suspension order was allowed. The court quashed the order as it failed to consider the petitioner's objections and explanation, directing fresh orders after a hearing.
The writ petition was allowed and the impugned Ext.P3 order dated 07.07.2021 was quashed with a direction to pass fresh orders after a fresh hearing.
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 SATHISH NINAN
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943
WP(C) NO. 14524 OF 2021
PETITIONER:
ANIRUDH KADAVIL AGED 26 YEARS AGED 26 YEARS, S/O. SRI. K.V.ANIL, KADAVIL HOUSE, BSRRA 38B, BHAVANS SOUTH ROAD, ELAMAKKARA, ERNAKULAM-682 026 BY ADVS. M.J.RAJASREE ASHER REVI JOB K.V.ANIL RENOY VINCENT
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O, THIRUVANANTHAPURAM-695 014
4 REGIONAL TRANSPORT OFFICER, COLLECTORATE, KAKKANAD, ERNAKULAM-682 036
BY SMT.SHEEJA C.S., SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W. P. (C) No.14524 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 6th day of September, 2021
J U D G M E N T
Ext.P3 order, suspending the licence of the
petitioner for the period from 08.07.2021 to 23.07.2021,
is under challenge in this writ petition.
explanation offered by the petitioner is not satisfactory, there is no discussion/consideration regarding the objections/explanations offered by the petitioner. Fresh orders are liable to be passed after considering the objections of the petitioner and a fresh hearing. This Court had on 22.07.2021 passed an interim stay of the order of suspension with a direction that no endorsement regarding the suspension shall be made on the licence. The order is in force.
submits that this is the first offence alleged against
W. P. (C) No.14524 of 2021 -: 2 :-
the petitioner. These aspects could be taken note of by
the fourth respondent while passing fresh orders.
Accordingly, the writ petition is allowed. Ext.P3 order dated 07.07.2021 is quashed. The 4th respondent
shall pass fresh orders in the light of the observations
made above.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 14524/2021
PETITIONER EXHIBITS
| Exhibit | P1 TRUE ERNAK 05.05 |
COPY ULAM .2021 |
OF T NORTH . |
HE FIR PREPARED BY THE TOWN POLICE STATION DATED |
|---|---|---|---|---|
| Exhibit | P2 TRUE ISSUE |
COPY D TO |
OF THE THE PETI |
FORM DL TEMPORARY LICENSE TIONER DATED 06.07.2021. |
| Exhibit | P3 TRUE 4TH R |
COPY ESPON |
OF THE DENT ON |
ORDER NO. 56 ISSUED BY THE 07.07.2021. |
| Exhibit | P4 TRUE 02.08 |
COPY .2008 |
OF THE ISSUED |
CIRCULAR NO.21/2008 DATED BY THE 2ND RESPONDENT. |
| Exhibit | P5 TRUE 13080 KERAL |
COPY /2018 A. |
OF TH DATED |
E JUDGMENT IN W.P(C) NO. 13.12.2019 BY HIGH COURT OF |
1 issue framed by the court
Whether the order suspending the petitioner's license should be set aside for lack of notice and consideration of petitioner's explanation.
ANIRUDH KADAVIL
STATE OF KERALA
TRANSPORT COMMISSIONER
DEPUTY TRANSPORT COMMISSIONER
REGIONAL TRANSPORT OFFICER
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
