K. K. Sudheer and Sijo Thomas v. Regional Transport Officer (Enforcement), BSNL Telephone Exchange, Chandranagar Colony Extension, Kootupatha, Palakkad District; Regional Transport Officer (Licensing Authority) Thrissur; Transport Commissioner, Trans Towers, Vazhuthacaud, Thiruvananthapuram; State of Kerala; Union of India

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 7[TH] DAY OF JULY 2023 / 16TH ASHADHA, 1945 ``` ## **`WP(C) NO. 14313 OF 2023`** ## **`PETITIONERS:`** ``` 1K. K. SUDHEER, AGED 41 YEARS S/O ADIMAKUTTY, RESIDING AT KARUPPAM VEETTIL, ALPPARA, KANNARA P.O., PEECHI, PATTIKKAD TC, THRISSUR DISTRICT, PIN - 680652 2SIJO THOMAS, AGED 36 YEARS S/O THOMAS M. O.,MAMBRA HOUSE, KOOTTALA VILLAGE, PANANCHERRY, PATTIKKAD.P.O., THRISSUR DISTRICT, PIN - 680652 ``` ``` BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR BIJOY SAM GEORGE ``` ## **`RESPONDENTS:`** - `1 REGIONAL TRANSPORT OFFICER (ENFORCEMENT), BSNL TELEPHONE EXCHANGE, CHANDRANAGAR COLONY EXTENSION, KOOTUPATHA, PALAKKAD DISTRICT, PIN - 680007` - `2 REGIONAL TRANSPORT OFFICER (LICENSING AUTHORITY) THRISSUR,` ``` CIVIL STATION, AYYANTHOLE PO, THRISSUR, KERALA, PIN - 680003 ``` - `3 TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD ,THIRUVANANTHAPURAM, PIN - 695014` - `4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,` ``` WP(C) NO. 14313 OF 2023 ``` ``` 2 ``` ``` PIN - 695001 ``` ``` 5UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,MINISTRY OF ROAD TRANSPORT AND HIGHWAY, SANSAD MARG, NEW DELHI, PIN – 110001 ``` ``` LEARNED GOVERNMENT PLEADER SMT.PARVATHY KOTTOL ``` ``` DEPUTY SOLICITOR GENERAL OF INDIA SRI.S. MANU ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 14313 OF 2023 ``` ``` 3 ``` ## **Dated this the 7[th] day of July, 2023** ## **JUDGMENT** The writ petition is filed, interalia, to quash Exts.P5 and P6 orders passed by the first respondent suspending Exts.P1 and P2 licenses of the petitioners, respectively. 2. The petitioners are drivers by profession, holding Exts.P1 and P2 heavy driving licenses. The petitioners were served with show cause notice issued by the first respondent, threatening to revoke their driving licenses, by invoking the power under Section 19(1)(d)(f) of the Motor Vehicles Act, 1989 (in short ‘Act’). Immediately, on receipt of show cause notices, the petitioners filed their objection to the same before the first respondent stating that they have not committed any offence and ``` WP(C) NO. 14313 OF 2023 ``` ``` 4 ``` the respondents 1 and 2 have no power to suspend the license. Section 19 of the Act does not empower the Licensing Authority to suspend a driving license for violating the provisions of Section 19 of the Act. Recently, it has become a practice of the Enforcing Officers to assert the powers of the Original Licensing Authority, without territorial jurisdiction, leaving the hapless drivers remediless. In an identical situation, persons similarly situated had filed writ petitions before this Court and Ext.P8 interim order has been passed. Exts.P5 and P6 proceedings are ex-facie illegal and unsustainable in law. Hence, the writ petition. 3. Heard; Sri.G.Hariharan, the learned Counsel appearing for the petitioners, Smt.Parvathy Kottol, the learned Government Pleader appearing for respondents 1 to 4 and the learned Deputy Solicitor General of India appearing for the 5th respondent. ``` WP(C) NO. 14313 OF 2023 ``` ``` 5 ``` 4. Sri.G.Hariharan, argued that there is absolutely nothing on record to substantiate that the petitioners have violated the provisions of the Motor Vehicles Act, by carrying overload in the vehicles that they were driving, as alleged by the respondents. Therefore, Exts.P5 and P6 are vitiated and may be quashed. 5. Smt.Parvathy Kottol, on the contrary, submitted that the petitioners have deliberately not produced the e-challan that was issued by the respondents at the time of carrying out the inspection of the vehicle. It was the petitioners who had handed over the weighment certificates, which clearly establish that the vehicles were overloaded. It was on the strength of the weighment certificates that the respondents have issued show cause notices. The proceedings have been initiated to revoke licenses of those drivers who violate Section 19 read with Rule 21(8) of the Central Motor Vehicles ``` WP(C) NO. 14313 OF 2023 ``` ``` 6 ``` Rules, 1989, in the light of the direction passed by this Court in **Anoop K.A. v. State of Kerala** [2019 5 KHC 414]. Hence, the writ petition is to be rejected at the threshold. 6. Section 19 of the Motor Vehicles Act empowers the Licensing Authority, after giving holder of the license an opportunity of being heard, to revoke the license, if the license holder has caused nuisance or danger to public. 7. Rule 21(8) of the Central Motor Vehicles Rules, 1989, unambiguously lays down that nuisance or danger to public includes carrying overload in a goods carriage vehicle. 8. Having considered the pleadings and materials on record, and the rival submissions particularly after perusing the e-challan and weighment certificate, this Court has no doubt in its mind that there is no illegality ``` WP(C) NO. 14313 OF 2023 ``` ``` 7 ``` or arbitrariness on the part of the first respondent in issuing Exts.P5 and P6 proceedings, warranting interference by this Court under Article 226 of the Constitution of India. Nonetheless, it will be upto the first respondent to finalise Exts.P5 and P6 proceedings, after adverting to the objections submitted by the petitioners, after affording them an opportunity of being heard. It is made clear that this Court has not expressed anything on the merits of Exts.P5 and P6 proceedings. Resultantly, I dispose of the writ petition as follows: (i) The petitioners’ prayer to quash Exts.P5 and P6 is rejected. (ii) The first respondent is directed to consider and finalise Exts.P5 and P6, after adverting to the objections submitted by the petitioners, in accordance with law, after affording to the petitioners an opportunity of being heard. ``` WP(C) NO. 14313 OF 2023 ``` ``` 8 ``` (iii) Until such time Exts.P5 and P6 are finalised, the second respondent shall not revoke Exts.P1 and P2 driving licenses of the petitioners. The writ petition is ordered accordingly. **Sd/-** **C.S.DIAS, JUDGE** rmm10/7/2023 ``` WP(C) NO. 14313 OF 2023 ``` ``` 9 ``` ## **`APPENDIX OF WP(C) 14313/2023`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1` - `A TRUE COPY OF THE HEAVY DRIVING LICENSE NO. KL08 19950630395 ISSUED IN THE NAME OF THE 1ST PETITIONER` - `Exhibit P2` - `A TRUE COPY THE HEAVY DRIVING LICENSE NO. KL08 200500002844 ISSUED IN THE NAME OF THE 2ND PETITIONER` ``` Exhibit P3 ``` - `A TRUE COPY OF THE PERMIT DATED` - `27.04.2018 ISSUED BY THE RTA THRISSUR RELATING TO VEHICLE NO.KL-58P-4781 WHICH IS VALID UPTO 24.10.2023` - `Exhibit P4 A TRUE COPY OF THE PERMIT DATED 16.10.2018 ISSUED BY THE RTA THRISSUR RELATING TO VEHICLE NO.KL-08BR-7251 WHICH IS VALID UPTO 26.04.2023` - `Exhibit P5` - `A TRUE COPY OF THE PROCEEDINGS DATED 12.04.2023 ISSUED BY THE 1ST RESPONDENT AGAINST THE 1ST PETITIONER` - `Exhibit P6 A TRUE COPY OF THE PROCEEDINGS DATED 12.04.2023 ISSUED BY THE 1ST RESPONDENT AGAINST THE 2ND PETITIONER` - `Exhibit P7` - `A TRUE COPY OF THE ORDER NO.A1/24/2022TC DATED 09.02.2022 ISSUED BY THE 4TH RESPONDENT` - `Exhibit P8` - `A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C) NO.11739/2023 BY THIS HON'BLE COURT ON 31.03.2023` ``` WP(C) NO. 14313 OF 2023 ``` ## **`10`** ``` Exhibit P9 ``` ``` A TRUE COPY OF THE SUMMONS ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD IN CONNECTION WITH ST.NO.183/2023 ``` - `Exhibit P10 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA KOCHI EDITION ON 17.04.2023` - `Exhibit P11` ``` TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 20.04.2023 FILED BY THE 1ST PETITIONER BEFORE THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE, THRISSUR ``` ``` Exhibit P 12 ``` ``` TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 20.04.2023 FILED BY THE 2ND PETITIONER BEFORE THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE, THRISSUR ``` ``` Exhibit P13A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO. 15001/2023 DATED 02.05.2023 ```