Dismissed

P.M.Antony v. the State of Kerala

Kerala HC21 Feb 2022WP(C)/3154/2022

Case brief

AI extract

What is this about?

The Court dismissed two writ petitions challenging circulars on driving school standards. The authority of the second respondent to issue such circulars was previously upheld. The Court noted that objections on requirements like space and working hours were already rejected in a 2013 decision. Petitioners were told to approach the Transport Department for grievances rather than seek writ intervent

What did the court decide?

The writ petitions were dismissed and the impugned circulars were upheld.

P.M.Antony Vs the State of Kerala — Service and Employment | Kerala HC (2022)

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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 SATHISH NINAN

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943

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WP(C) NO. 3154 OF 2022

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PETITIONER:

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P.M.ANTONY AGED 67 YEARS S/O MATHEW, PALLATH HOUSE, PACHALAM, KOCHI, ERNAKULAM DISTRICT, KERALA-682 012.

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BY ADV MARIAN G.M.THARAKAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695 014.

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2 COMMISSIONERATE OF TRANSPORT, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-695 014.

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3 REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, ERNAKULAM, KERALA-682 031.

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G.P SRI. SHAMEER P.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH WP(C).3156/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 SATHISH NINAN

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943

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WP(C) NO. 3156 OF 2022

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PETITIONER:

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THE ERNAKULAM DRIVING INSTITUTE OWNERS ASSOCIATION EKM/TC/93/2021 REP BY THE PRESIDENT SHRI BABU VARGHESE, S/O LATE C.K. VARKY, 60 YEARS, HI-TECH DRIVING SCHOOL, TRANQUIL TOWERS, AIRPORT SEAPORT ROAD, KAKKANAD, KOCHI, ERNAKULAM DISTRICT, KERALA-682 030.

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BY ADV MARIAN G.M.THARAKAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695 014.

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2 COMMISSIONERATE OF TRANSPORT REP BY ITS COMMISSIONER, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-695 014.

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3 REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, ERNAKULAM, KERALA-682 301. G.P SRI. SHAMEER P.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH WP(C).3154/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) Nos.3154 and 3156 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 21^st day of February, 2022

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J U D G M E N T

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Exts.P13 and P14 circulars issued by the second respondent, specifying the standards, requirements and specifications with regard to conduct of driving schools, are under challenge in this writ petition.

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The authority of the second respondent to issue such circular to regulate the conduct of driving schools in the State have been upheld by this Court in W.P.(C) No.27379/2013 and connected cases. The objections as is now raised against the circulars, with specific reference to the minimum space requirement of lecture hall, insistence for a separate demonstration hall, regarding the working hours etc. were specifically urged and dealt with by this Court therein and were negatived. The attempt to re-urge the contentions at this distance of time is not liable to be entertained.

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The writ petition is liable to be dismissed and

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I do so.

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W.P.(C) Nos.3154 and 156 of 2022

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-: 2 :-

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The petitioners in these writ petitions point out

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that the driving schools have been functioning for the past so many years and that requiring them to abruptly stop the functioning will put them in great difficulties. It is for the petitioners to approach the first respondent voicing the grievance.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 3156/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CIRCULAR 27/13 ISSUED BY THE TRANSPORT COMMISSIONER DATED 15.11.2013 Exhibit P2 TRUE COPY OF CIRCULAR NO 10.2014 DATED 13.8.2014 Exhibit P3 TRUE COPY OF CIRCULAR NO 12/14 DATED 12.9.2014 Exhibit P4 TRUE COPY OF CIRCULAR NO 24/41 DATED 19.9.1991 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ERRATUM DATED 21.4.2015 ISSUED ON CIRCULAR NO 27/2013 BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF CMV (ELEVENTH AMENDMENT) RULES PASSED BY THE CENTRAL GOVERNMENT THAT HAVE COME INTO FORCE WITH EFFECT FROM 1ST JULY 2021

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APPENDIX OF WP(C) 3154/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE LICENSE ISSUED TO THE PETI- TIONER ON 2.6.1981
Exhibit P2	TRUE COPY OF THE RENEWED LICENSE ISSUED UP TO 3.6.1984
Exhibit P3	TRUE COPY OF THE RENEWED UP TO 3.6.1986
Exhibit P4	TRUE COPY OF THE LICENSE RENEWED UP TO 31.1.1995
Exhibit P5	TRUE COPY OF LICENSE RENEWED UPTO 31.1.2010
Exhibit P6	TRUE COPY OF THE LICENSE ISSUED UPTO 31.1.2020
Exhibit P7	TRUE COPY OF RECEIPT FOR RS 10,000/ DATED 29.11.2019 ISSUED TO THE PETITIONER FOR THE PURPOSE OF THE RENEWAL OF LICENSE BY THE RE- SPONDENTS
Exhibit P8	TRUE COPY OF CHECK LIST AND INSPECTION REPORT U/R12 OF THE MV ACT 1988 R/W RULES 24,17 AND 28 OF THE MV RULES IS PRODUCED HEREWITH DATED 6.11.2019 ISSUED BY THE MOTOR VEHICLE INSPEC- TOR
Exhibit P9	TRUE COPY OF SHOW CAUSE NOTICE DATED 23.12.2019
Exhibit P10	TRUE COPY OF THE PETITIONERS RESPONSE DATED 21.1.2020
Exhibit P11	TRUE COPY OF THE 2ND SHOW CAUSE NOTICE DATED 21.4.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P12	TRUE COPY OF THE PETITIONERS RESPONSE DATED 10.7.2021

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APPENDIX/WP(C) 3154/2022 -2-

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Exhibit P13 TRUE COPY OF THE CIRCULAR NO 27/2013 DATED 15.11.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE CIRCULAR NO 12/2014 DATED 12.9.2014 ISSUED BY THE 2ND RESPONDENT

P.M.Antony v. the State of Kerala

Case brief

What is this about?

What did the court decide?

P.M.Antony v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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