High Court of KeralaSingle JudgeWrit petition disposed of with directions to th...

Basheer Puthiyangadi and others v. Regional Transport Officer, Enforcement Kannur and State of Kerala

Case / Petition Number:WP(C) NO. 25193 OF 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Murali Purushothaman J.
Judgment Date
2023-08-03
Court Decision / Holding
The impugned orders are set aside. The court directs the first respondent to pass fresh orders pursuant to show-cause notices issued to the petitioners, strictly in accordance with the Motor Vehicles Act, 1988, the Central Motor Vehicle Rules, 1989, and the law laid down in cited precedents.
Final Disposition
Writ petition disposed of with directions to the 1st respondent to issue fresh show-cause notices and pass orders in conformity with the Act, Rules, and established precedents.

Parties to the Case

Appellants / Petitioners

  • BASHEER PUTHIYANGADI
  • SAMSEER. V.K.
  • VINOD KURIAN
  • NISSAR. T.P
  • SAJU.V.A
  • MANOJ KUMAR. K
  • PRAVEEN. K.
  • EMMANUEL. A.D
  • SOJAN. A.J
  • BIJESH. K
  • NOUFAL. P.V
  • BABU KUMAR KOONAN

Respondents

  • Regional Transport Officer, Enforcement, Civil Station, Kannur, Kannur District
  • State of Kerala represented by the Secretary, Department of Transport, Trivandrum

Legal Representation & Advocates

Counsels for Petitioners

  • • V.T. Madhavanunni
  • • V.A. Satheesh Anand
  • • V.S.

Counsels for Respondents

  • • Parvathy K. (Government Pleader)

Case Synopsis & Summary

Petitioners, a group of twelve drivers, challenge the Regional Transport Officer Kannur’s suspension of their driving licences under Section 19(1)(d) and (f) read with Rule 21 of the Central Motor Vehicle Rules, 1989. They contend the suspensions were imposed without an opportunity of hearing, violating Section 19(1) of the Motor Vehicles Act, 1988 and the requirement that reasons be recorded in writing for disqualification. The suspensions arise from alleged overload in goods carriages, framed as nuisance or danger to the public. The petitioners pray for quashing the orders and for action strictly in accordance with the statute and rules. The court recalls the ruling in Santu Thomas v. Joint Regional Transport Officer (2018) which held that before disqualifying a licence, the licensing authority must, after giving a hearing, record reasons in writing and proceed in consonance with the Act. The ratio has been reiterated in KM v. Saji Deputy Transport Commissioner (2019) and in Sijo Joseph Transport Commissioner and Others (2020). The court notes that the petitioners were not heard before suspension, and the impugned orders do not satisfy the Act, the Rules, or the cited precedents. Consequently, the impugned orders are set aside, and the first respondent is directed to issue fresh show-cause notices and pass orders in line with the Act, Rules, and controlling case-law. The writ petition is disposed of accordingly, with these directions.

Provisions of Law Cited

Section 19(1) of the Motor Vehicles Act, 1988Rule 21 of the Central Motor Vehicle Rules, 1989

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the suspension of their driving licenses was made without affording them an opportunity of hearing, in violation of Section 19(1) of the Motor Vehicles Act, 1988 and Rule 21 of the Central Motor Vehicle Rules, 1989. They challenge the impugned orders as not being issued in conformity with the Act, Rules, or the jurisprudence of this Court, which requires hearing prior to disqualification and a reasoned order. They rely on Santu Thomas and subsequent precedents that emphasise audialterampartem and reasoned actions before licence suspensions, and seek quashing of the orders and fresh action after due process.

Contentions of Respondents

The respondents contend that the licensing authority is empowered to suspend a license under Section 19(1)(f) for acts constituting nuisance or danger to the public, such as overloads, and that the procedure need only be as prescribed by law. They argue that the orders were issued under the statutory framework, and that hearings or show‑cause notices were contemplated within the Act and Rules. They rely on the statutory power and the necessity of showing cause, while asserting that the petitions are not warranted without a proper, statutory process.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Santu Thomas v. Joint Regional Transport Officer2018 (1) KHC 437; 2018 (1) KLT 377PositiveCited and relied upon to require that, under Section 19(1), the licensing authority must provide an opportunity to be heard and record reasons in writing before disqualifying a licence.
K.M. v. Saji Deputy Transport Commissioner2019 (3) KHC 836; 2019 (3) KLT 163PositiveRepeated the principle from Santu Thomas, reinforcing the requirement of hearing and written reasons prior to disqualification.
Sijo Joseph Transport Commissioner and Others2020 (1) KHC 321PositiveFurther reiteration of due-process standards in licence suspension and show-cause contexts.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **THURSDAY, THE 3[RD] DAY OF AUGUST 2023 / 12TH SRAVANA, 1945** ## **WP(C) NO. 25193 OF 2023** ## **PETITIONERS:** - **1 BASHEER PUTHIYANGADI AGED 44 YEARS S/O. ABOOBACKER, MOTTAMMAL HOUSE, SIVAPURAM.P.O., MATTANNUR, KANNUR DT - 670702** - **2 SAMSEER. V.K., AGED 40 YEARS S/O. MAYAN VALLATH, KUND THOD HOUSE, KUNDUTHODU, , SIVAPURAM.P.O., MATTANNUR, KANNUR DT. - 670602** - **3 VINOD KURIAN, AGED 50 YEARS S/O. KURIAN, KUDAKAPPILLIL HOUSE, PAISAKARY P.O., PAYYAVOOR, KANNUR DT. - 670633** - **4 NISSAR. T.P, AGED 34 YEARS S/O. ABOOBACKER, THALAYANTAKATH PALLAKKAN HOUSE, KADAMKUNNU, NHEKLY.P.O., PERINGOME, KANNUR DT. - 670307** - **5 SAJU.V.A, AGED 55 YEARS S/O. ANTONY, VALLUR HOUSE, KANICHAR.P.O., IRITTY, KANNUR DT. - 670674** - **6 MANOJ KUMAR. K, AGED 49 YEARS S/O. SUKUMARAN, KULATHUMKAL HOUSE, EDAKOME.P.O., KANNUR DT. - 670307** - **7 PRAVEEN. K., AGED 35 YEARS S/O. BALAKRISHNAN, NANDYATH HOUSE, VAYANNUR.P.O., CHITTARIPPARAMBA, THALASSERY, KANNUR DT - 670650** - **8 EMMANUEL. A.D, AGED 52 YEARS S/O. DEVASIA, ATHRASSARIL HOUSE, ULICKAL.P.O., VAYATHUR, KANNUR DT. - 670705** **WP(C) NO. 25193 OF 2023 : 2 :** - **9 SOJAN. A.J, AGED 41 YEARS S/O. JOSEPH, ATHRASSERIYIL HOUSE, EZHOOR, VAYATHUR, KALLUVAYAL. P.O., KANNUR DT. -670 705** - **10 BIJESH. K, AGED 39 YEARS S/O. MUKUNDAN, URUPPUM KUNNUMMAL HOUSE, PAVANNOOR MOTTA. P.O., KUTTIATTOOR, KANNUR DT. - 670602** - **11 NOUFAL. P.V, AGED 34 YEARS S/O. USMAN, PUTHIYA VEETTIL HOUSE, VILAKKOD.P.O., PARAKKANDAM, MUZHAKKUNNU, KANNUR DT. - 670703** - **12 BABU KUMAR KOONAN, AGED 54 YEARS S/O. POTHAN KUNHAMBU, POTHAN HOUSE, PADIYOOR.P.O., PADIYOOR KANNUR DT. - 670703** - **BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH ANAND V.S** ## **RESPONDENTS:** - **1 REGIONAL TRANSPORT OFFICER RTO ENFORCEMENT, CIVIL STATION, KANNUR , KANNUR DT. - 670002** - **2 STATE OF KERALA REP. BY THE SECRETARY DEPARTMENT OF TRANSPORT, TRIVANDRUM- - 695001 R BY GP ADV.PARVATHY K.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 25193 OF 2023 : 3 :** ## **JUDGMENT** The petitioners who are drivers by profession have approached this Court, challenging the proceedings of the Regional Transport Officer, Kannur, suspending their driving licenses in exercise of the powers under Section 19(1) (d) and (f) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) read with Rule 21 of the Central Motor Vehicle Rules, 1989 (hereinafter referred to as 'the Rules' for short). According to the petitioners, their licenses have been suspended without providing them an opportunity of hearing, as contemplated under Section 19(1) of the Act. 2. Section 19(1) of the Act deals with the power of the licensing authority to disqualify the holder of a driving licence for a specified period. It provides that, if a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard that he has committed **WP(C) NO. 25193 OF 2023 : 4 :** any act mentioned under Rule 21 that constitute nuisance or danger to the public, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding any driving licence. 3. The 1[st] respondent has proceeded against the petitioners alleging that they have carried overload in goods carriages which is an act constituting nuisance or danger to public in terms of Section 19 (1) (f) of the Act read with Rule 21 of the Rules. 4. The petitioners contend that before passing the order suspending the licence, they were not given an opportunity of being heard. Accordingly, they pray to quash the proceedings of the 1[st] respondent suspending the licences. 5. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 6. This Court in **Santu Thomas** v. **Joint Regional** **Transport Officer** [2018 (1) KHC 437 : 2018 (1) KLT 377] **WP(C) NO. 25193 OF 2023 : 5 :** considering the provisions of Section 19(1) of the Act held as under: “8. The provisions under sub-section (1) of S.19 of the Act makes it explicitly clear that, for disqualifying a person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence, or for revoking any such licence, the satisfaction of the licensing authority, after giving the holder of such licencee an opportunity of being heard, of the existence of any of the circumstances made mention in clasuses (a) to (h) of sub-section (1) is a pre- requisite. Further, the licensing authority has to record the reasons in writing for disqualifying a person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence, or for revoking any such licence.” 7. The law laid down in Santu's case (supra) has been reiterated in **K.M.** v. **Saji Deputy Transport Commissioner** [2019 (3) KHC 836 : 2019 (3) KLT 163] and in v. **Sijo Joseph Transport Commissioner and Others** [2020 (1) KHC 321]. **WP(C) NO. 25193 OF 2023 : 6 :** 8. Admittedly, the petitioners were not heard before suspending their licences. The impugned orders are not issued in conformity with the provisions of the Act and the Rules and the law laid down by this Court in the cases cited supra. 9. In the result, the proceedings of the 1[st] respondent impugned in the writ petition are set aside. There will be a direction to the 1[st] respondent to pass fresh orders pursuant to the show cause notices issued to the petitioners, in accordance with the Act and the Rules and in conformity with the law laid down by this Court in the decisions cited above. The writ petition is disposed of with the above direction. Sd/- **MURALI PURUSHOTHAMAN JUDGE** SB ## **WP(C) NO. 25193 OF 2023 : 7 :** ## **APPENDIX** ## **PETITIONER EXHIBITS** **Exhibit P1 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO 1 ST PETITIONER** - **Exhibit P2 TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENCE OF THE 1 ST PETITIONER DATED 17-05-2023** - **Exhibit P3 TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 2 ND PETITIONER DATED 25-05-2023** - **Exhibit P4 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO 3 RD PETITIONER** - **Exhibit P5 TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 3 RD PETITIONER DATED 06-06-2023** - **Exhibit P6 TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 4 TH PETITIONER DATED 06-06-2023** - **Exhibit -P7 A TRUE COPY OF THE DRIVING LICENCE ISSUED TO 5 TH PETITIONER** - **Exhibit P8 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 5 TH PETITIONER DATED 20-05-2023** - **Exhibit P9 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO 6 TH PETITIONER** - **Exhibit P10 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 6 TH PETITIONER DATED 22-05-2023** - **Exhibit P11 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO 7 TH PETITIONER** - **Exhibit P12 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 7 TH PETITIONER DATED 06-06-2023** - **Exhibit P13 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO 8 TH PETITIONER** **WP(C) NO. 25193 OF 2023 : 8 :** **Exhibit P14 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 8 TH PETITIONER DATED 16-06-2023** **Exhibit P15 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 9 TH PETITIONER DATED 16-05-2023 Exhibit P16 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 10 TH PETITIONER DATED 17-05-2023 Exhibit P17 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENSE OF THE 11 TH PETITIONER DATED 01-06-2023** **Exhibit P18 A TRUE COPY OF THE ORDER OF SUSPENDING THE DRIVING LICENCE OF THE 12 TH PETITIONER DATED 18-05-2023**