A driver's licence was suspended for one year following a road accident in which a motorcyclist died. Holding the accident was not solely due to the driver's negligence and the criminal case was pending, the court reduced the suspension period and directed a Driver Correction Counselling Program.
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 N.NAGARESH
WEDNESDAY, THE 19TH DAY OF JUNE 2024/29TH JYAISHTA, 1946
WP(C) NO. 9766 OF 2024
PETITIONER:
SHAJAHAN H AGED 29 YEARS S/O HUSSAINAR, VETTATHARA HOUSE, PAZHAYANNUR P.O., THRISSUR, PIN – 680587
BY ADV V.VINAY
RESPONDENTS:
1 STATE OF KERALA REP BY SECRETARY, MINISTRY OF TRANSPORT, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001
2 REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, SECOND FLOOR, CIVIL STATION, KAKKANAD, V AZHAKKALA, ERNAKULAM DISTRICT, PIN – 682030
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5 STATION HOUSE OFFICER CHERANALLOOR POLICE STATION, CHERANALLOOR, ERNAKULAM, PIN – 682034
SRI.V.S.SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) No.9766 of 2024
Dated this the 19th day of June, 2024
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is holder of a driving licence. On 10.11.2023, when the petitioner was driving a vehicle as part of his duty, hearing some sound, the petitioner stopped the vehicle. The petitioner found that a motor cyclist had suffered injuries due to accident. The incident happened when the vehicle was crossing the Varappuzha bridge. According to the petitioner, the incident happened when the motorcyclist tried to overtake the vehicle driven by the petitioner and when the handle of his vehicle collided with the vehicle coming from the opposite direction. The motorcyclist succumbed to his injuries. A crime was registered against the petitioner.
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inspected the vehicle and has issued notice to the petitioner. After hearing the petitioner, the licensing authority came to the conclusion that the petitioner was negligent while driving. The appellate authority also considered the matter and came to the same conclusion. There is no reason whatsoever to set aside Ext.P3 or Ext.P6. The writ petition is liable to be dismissed.
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petitioner was named in the crime. The licensing authority issued Ext.P2 show-cause notice to the petitioner. The petitioner submitted Ext.P2 reply. Thereafter, the licensing authority passed Ext.P3 order dated 15.11.2023 suspending the driving licence for a period of one year.
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licence for discharge of his official duties. The exact reason for the accident is not clear. The criminal case in which the petitioner is made an accused is not concluded so far. It is evident from Ext.P6 that accident occurred not solely due to the negligence of the petitioner. In the afore circumstances, I am of the view that suspension of driving licence for one year imposed as per Ext.P3 and confirmed as per Ext.P6 is harsh.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/25.07.2024
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APPENDIX OF WP(C) 9766/2024
PETITIONER'S EXHIBITS
| Exhibit P1 | THE TRUE COPY OF | THE FIR NO.1668/2023 |
|---|---|---|
| DATED 11.11.2023 CHERANALLOOR POLIC |
REGISTERED BY THE E STATION |
|
| Exhibit P2 | THE TRUE COPY OF | THE SHOWCAUSE NOTICE |
| DATED 16.11.2023 | ISSUED TO THE | |
| PETITIONER BY THE | 3RD RESPONDENT ALONG | |
| WITH THE REPLY PETITIONER |
SUBMITTED BY THE | |
| Exhibit P3 | THE TRUE COPY OF DATED 15.11.2023 RESPONDENT |
THE ORDER NO.60/2023 ISSUED BY THE 4TH |
| Exhibit P4 | THE TRUE COPY OF DATED 30.12.2023 3RD RESPONDENT |
THE APPEAL MEMORANDUM SUBMITTED BEFORE THE |
| Exhibit P5 | THE CERTIFIED COP | Y OF THE GPS TRACKING |
| DETAILS OF VEHICL FOR THE DATE 10.11 |
E NO.KL-07 BA -0356 .2023 |
|
| Exhibit P6 | THE TRUE COPY | OF THE ORDER |
| NO.CZ2C/124/2023-D 07.02.2024 PASSED |
TCCZ2 DATED BY THE 3RD RESPONDENT |
|
| Exhibit P7 | THE TRUE COPY O DATED 08.01.2024 CITY POLICE COMMIS |
F THE REPRESENTATION SUBMITTED BEFORE THE SIONER, ERNAKULAM |
RESPONDENT'S EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE PROCEEDINGS OF DRIVING LICENSE STATUS.
1 issue framed by the court
Whether the one-year suspension of the petitioner's driving licence after a fatal accident was justified when the accident was not solely due to his negligence.
Shajahan H
State of Kerala
Regional Transport Officer
Deputy Transport Commissioner
Additional Licensing Authority
Station House Officer, Cheranalloor Police Station
N.NagaresH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
