In a writ petition, the Court rejected the petitioner's contention that a request against a chalan violated Section 86 opportunity or was limited to summary offences. The Court held the chalan could remain undisposed within the 90-day rule limit before prosecution initiation.
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 FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 WP(C) NO. 122 OF 2022
PETITIONER:
RUKHIYA.K.,AGED 64 YEARS,W/O. ALAVI, ILANCHERY HOUSE, KUZHIMANNA P.O., THAVANOOR, MALAPPURAM 973 641.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE REGIONAL TRANSPORT OFFICER, (SECRETARY , REGIONAL TRANSPORT AUTHORITY), KOZHIKODE, CIVIL STATION, MALAPARAMBA, KOZHIKODE 673 020.
SR. GP. SRI.SHAMEER P.M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Ext P2 chalan is issued to the petitioner
alleging violation of the permit route. Objecting
to Ext P2, the petitioner has submitted Ext P3 before the respondent. The Writ Petition seeks for a direction to the respondent to consider and pass orders on Ext P3.
counsel for the petitioner and the learned senior
Government Pleader.
two contentions; (i) Section 86 provides for an opportunity to submit explanations to the alleged violation. Therefore Ext P3 objections is liable to be considered; (ii) Issuance of chalan by the officers under the Motor Vehicles Act is contemplated only in respect of offences which could be summarily disposed of.
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consequences could follow; one is under Section 86
of the Motor Vehicles Act(for short, 'the Act') entailing the suspension or cancellation of the permit, and the other, penal consequences under Section 192A of the Act. Opportunity of hearing by the authority under the Act, as provided under the proviso to Section 86(1) of the Act, is available in a proceeding for suspension or cancellation of permit under Section 86 of the Act. It stands independent of the penal provision.
192A of the Act, Section 200 of the Act provides that the offence can be compounded. In terms of Section 200, the composition can be either before or after the institution of prosecution. Rule 167(5) of the Central Motor Vehicles Rules(for short, 'the Rules') provides that, the chalans issued for violation of the provisions of the Act shall be disposed of within 90 days from the date of issuance
of the chalan, except where prosecution is
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instituted. Therefore, up to 90 days from the date of issuance of the chalan the composition could be before the authority under the Act, and after the institution of prosecution the composition could be before the court. The opportunity to contest the penal provision is available only before the concerned Court on prosecution being initiated. As is evident from Rule 167(1), a chalan is liable to be issued for violation of the provisions of the Act. There is no warrant to read down the procedure for issuance of chalan to cases which could be
summarily disposed of. On the contrary, a reading of Rule 167 and also the definition of “chalan” as given in Rule 2(az)indicate otherwise.
the petitioner are only to be rejected and I do so.
In the case at hand, the 90 days period prescribed under Rule 167(5) of the Rules, enabling payment of the chalan, is not yet over. If on the expiry of the prescribed period the chalan remains
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undisposed, then necessary steps shall be taken for institution of prosecution without any further delay.
Writ Petition disposed of as above.
Sd/Sathish Ninan, Judge
vdv
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APPENDIX OF WP(C) 122/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TIMINGS IN ORDER NO. C6/(D3)/1651/2013/M DATED 20-01-2015 BY RTA, MALAPPURAM. Exhibit P2 TRUE COPY OF THE CHALAN DOWN LOADED BY THE PETITIONER FROM THE WEBSITE. Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 16.11.2021.
2 issues framed by the court
Whether the petitioner is entitled to consideration of objections to a chalan under Section 86 of the Motor Vehicles Act.
Whether a chalan for violation of permit conditions is issued only for offences summarily disposed of.
4 provisions across 2 enactments
RUKHIYA.K.
THE REGIONAL TRANSPORT OFFICER
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
