Disposed

Padmavathy P Komerath v. Union of India

Kerala HC8 Mar 2023WP(C)/4317/2023

Case brief

AI extract

What is this about?

This writ petition was disposed of. The High Court directed the petitioner to file a fresh application under Section 8 of the Motor Vehicles Act, 1988, after disclosing her foreign license in the Sarathi software. Respondents were asked to consider it expeditiously.

What did the court decide?

Petitioner directed to file a fresh application; respondents to consider it expeditiously after documents are uploaded.

Padmavathy P Komerath Vs Union of India — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 8^TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 WP(C) NO. 4317 OF 2023

¶4

PETITIONER/S:

¶5

PADMAVATHY P KOMERATH
AGED 68 YEARS
W/O NARAYANAN MENON KOMERATH, RESIDING AT KOMERATH
HOUSE, PAZHAYA NADAKKAVU, ROUND WEST, THRISSUR
DISTRICT, PIN - 680001
BY ADVS.
R.NIKHIL
SAJNA JALEEL

¶6

RESPONDENT/S:

¶7

1UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY, MINISTRY OF ROAD
TRANSPORT & HIGHWAYS TRANSPORT BHAWAN, 1, PARLIAMENT
STREET NEW DELHI-110001.
2STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
TRANSPORT DEPARTMENT, SECRTARIAT,
THIRUVANANTHAPURAM-695001.
3THE TRANSPORT COMMISSIONER,
MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,
FXX5+J4W, CV RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM DISTRICT- 685014
4REGIONAL TRANSPORT OFFICER,
THRISSUR, OFFICE OF THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, AYYANTHOLE PO, THRISSUR DISTRICT-680003.
BY ADV S.KRISHNA

¶8

SMT S KRISHNA CGC,
SMT AMMINIKUTTY SR GP

¶9

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON08.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

¶10

W.P.(C) No.4317 of 2023

¶11

¶12

JUDGMENT

¶13

The petitioner herein is an overseas citizen of India. She states that

¶14

she is the holder of Class-C driving license issued by the concerned department at Georgia, United States of America. She has approached this Court seeking the following reliefs:

¶15

i. Issue a writ of Mandamus or any other writ, order or direction to the 4th respondent to issue driving license to the petitioner pursuant to Exhibit P2 without insisting to undergo a driving test as expeditiously as possible at any rate within a timeframe fixed by this Hon’ble Court.

¶16

ii. Issue a writ of Mandamus or any other writ, order or direction to the 4thr despondent to forthwith issue driving license to the petitioner in accordance with proviso a(iii) to Section 9(3) of the Motor Vehicles Act, 1988 as expeditiously as possible at any rate within a timeframe fixed by this Hon’ble Court.

¶17

When the matter had come up for consideration on 22.02.2023,

¶18

this Court passed an interim order which reads as under :

¶19

“ The petitioner states that she had previously held a driving license issued by the concerned department of Georgia, United States of America. According to her, an applicant with a driving license to drive such class of vehicle issued by a competent authority of any country outside India is not required to undergo a test as required under Section 9 (3) of the Motor Vehicles Act, 1988.

¶20

The learned Government Pleader asserts that at the time of submitting a request under Section 8 of the Act, the petitioner did not

¶21

W.P.(C) No.4317 of 2023

¶22

¶23

disclose that she was the holder of a license issued by the Authority in a country outside India. According to the learned Government Pleader, in the Sarathi software, which is used by the department for processing the application for licence, no addition or deletion is possible. The only option left for the petitioner is to apply for a fresh learned license so that the earlier Learned License can be delinked. 3. Sri.R.Nikhil, the learned counsel appearing for the petitioner had correctly described that she was holding a license issued from an outside country and she had also remitted the requisite fees for the same

¶24

Sri.S.Krishna, the learned Central Government Counsel shall get instructions.

¶25

Show the name of Sri S. Krishna in the cause list. Post on 2.3.2023.”

¶26

Sri. S Krishna, the learned CGC, on instructions, submitted that in the valid application submitted by the petitioner and for issuance of license, the petitioner did not disclose that she is holding a license to drive such a class of vehicle issued by a competent authority of any country outside India. On the other hand, the petitioner had applied under the General Category and therefore, the petitioner is not entitled to get exemption from undergoing the driving test as stipulated in Section 9(3)(iii) of the Motor Vehicles Act, 1988. It is submitted that if the petitioner files a fresh application under Section 8 by uploading the necessary documents, the

¶27

W.P.(C) No.4317 of 2023

¶28

¶29

driving licence issued earlier can be delinked and her application can be considered afresh.

¶30

Sir. Nikhil, the learned counsel submits that the petitioner shall file a fresh application by submitting all required documents.

¶31

In that view of the matter, no further orders are required to be

¶32

passed in this writ petition. If the petitioner submits a fresh application and

¶33

all required documents are uploaded, the respondents shall consider the

¶34

same and act expeditiously and in accordance with the law.

¶35

Writ petition is disposed of.

¶36

Sd/-

¶37

RAJA VIJAYARAGHAVAN V,

¶38

JUDGE

¶39

NS

¶40

W.P.(C) No.4317 of 2023

¶41

¶42

APPENDIX OF WP(C) 4317/2023

¶43

PETITIONER EXHIBITS :

¶44

Exhibit P1A TRUE COPY OF THE CLASS C DRIVER'S LICENSE
RENEWED LASTLY ON 15.07.2017 BEARING NO:
025808981
Exhibit2A TRUE COPY OF THE LEARNER'S LICENSE BEARING
NO:KL08/ 0019232/2022 DATED 05.12.2022
Exhibit3A TRUE COPY OF THE REQUEST LETTER SUBMITTED
TO THE 3RD RESPONDENT ON 05.12.2022
Exhibit4A TRUE COPY OF THE COMMUNICATION DATED
19.01.2023 WAS SERVED ON THE PETITIONER FROM
THE 2ND RESPONDENT.
Exhibit5A TRUE COPY OF THE SCREENSHOT OF THE
APPLICATION STATUS PAGE IN THE PARIVAHAN
WEBSITE.

¶45

RESPONDENT(S) EXHIBITS: NIL

Padmavathy P Komerath v. Union of India

Case brief

What is this about?

What did the court decide?

Padmavathy P Komerath v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Varghese a, Vs Thiruvananthapuram District Committee of Kerala Headload Workers Welfare Board

M.Ganesan Vs the Chief Inspector of Plantation

Murugan S. Vs Thiruvananthapuram District Committee of Kerala Head Load Workers Welfare Board

Dipak Gogoi Vs District Labour Officer

Biju. K.B Vs the District Labour Officer (General)

Ajith.P. Raju Vs Nidhin Jose