K.K. Peethambaran v. Regional Transport Officer, Thrissur (Licensing Authority)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941 WP(C).No. 38137 of 2018** ## **PETITIONER:** **K.K PEETHAMBARAN AGED 69 YEARS S/O KOCHURAMAN KARANATHU HOUSE AIRMPOOR P.O., THRISSUR DISTRICT.** **BY ADV. SMT.I.SHEELA DEVI** ## **RESPONDENT:** *** [THE REGIONAL TRANSPORT AUTHORITY THRISSUR (LICENSING AUTHORITY) CIVIL STATION, THRISSUR, PIN-680021]** *** THE DESCRIPTION OF RESPONDENT IS SUO MOTU CORRECTED AS,** **“THE REGIONAL TRANSPORT OFFICER THRISSUR (LICENCING AUTHORITY) CIVIL STATION, THRISSUR, PIN-680021” AS PER ORDER DATED 29.3.2019.** **SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.38137 of 2018** ## **:-2-:** ## **J U D G M E N T** The petitioner, who is the holder of Ext.P2 driving licence No.8/2226/2002 dated 31.5.2018 issued by the Assistant Licencing Authority, Thrissur, whereby he has been permitted to drive motorcycle with gear, three wheeler and light motor vehicle with effect from 8.4.2002, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 communication dated 11.7.2014 issued by the respondent Regional Transport Officer, Thrissur, whereby his application for badge to drive transport vehicle stands rejected stating that, since he has studied only upto 7[th] Standard, in view of the provisions under Rule 8 of the Central Motor Vehicles Rules, 1989, he cannot be issued with a badge for driving transport vehicles. The petitioner has also sought for a writ of mandamus ## **W.P.(C)No.38137 of 2018** ## **:-3-:** commanding the respondent to reconsider Ext.P4 application made by the petitioner for badge, untrammelled by Ext.P5 order with regard to the education qualification. 2. On 23.11.2018 when this writ petition came up for admission, the learned Government Pleader was directed to get instructions. 3. A counter affidavit has been filed by the respondent, opposing the reliefs sought for in this writ petition. **==> picture [402 x 9] intentionally omitted <==** petitioner and also the learned Government Pleader appearing for the respondent. 5. During the course of arguments, the learned counsel for the petitioner would place reliance on the judgment of the Apex Court in **Mukund Dewangan** ## **v. Oriental Insurance Company Limited [(2017)14 SCC** **663]** and also the judgment of the learned Single ## **W.P.(C)No.38137 of 2018** ## **:-4-:** Judge of this Court dated 28.1.2019 in W.P.(C) No.9392/2012. 6. In **Mukund Dewangan's case (supra)** , after referring to the provisions under clauses (15), (21) and (48) of Section 2 of the Motor Vehicles Act, 1988, Section 10 of the said Act and also the provisions of Rule 14 of the Central Motor Vehicles Rules, 1989, the Apex Court held that the effect of amendment of Form 4 by insertion of 'transport vehicle' is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of 'light motor vehicle' continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any ## **W.P.(C)No.38137 of 2018** ## **:-5-:** endorsement to that effect. Paragraph 46 of the said judgment reads thus; **“46** . Section 10 of the Act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. In one class of vehicles, there may be different kinds of vehicles. If they fall in the same class of vehicles, no separate endorsement is required to drive such vehicles. As light motor vehicle includes transport vehicle also, a holder of light motor vehicle licence can drive all the vehicles of the class including transport vehicles. It was pre-amended position as well the post-amended position of Form 4 as amended on 28.3.2001. Any other interpretation would be repugnant to the definition of "light motor vehicle" in section 2(21) and the provisions of section 10(2)(d), Rule 8 of the Rules of 1989, other provisions and also the forms which are in tune with the provisions. Even otherwise the forms never intended to exclude transport vehicles from the category of 'light motor vehicles' and for light motor vehicle, the validity period of such licence hold good and apply for the transport vehicle of ## **W.P.(C)No.38137 of 2018** ## **:-6-:** such class also and the expression in Section 10(2)(e) of the Act 'Transport Vehicle' would include medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, heavy passenger motor vehicle which earlier found place in section 10(2)(e) to (h) and our conclusion is fortified by the syllabus and rules which we have discussed. Thus we answer the questions which are referred to us thus: (i) 'Light motor vehicle' as defined in section 2(21) of the Act would include a transport vehicle as per the weight prescribed in section 2(21) read with section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54/1994. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of "light motor vehicle" as provided in section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a ## **W.P.(C)No.38137 of 2018** ## **:-7-:** motor car or tractor or road-roller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form. (iii) The effect of the amendment made by virtue of Act No.54/1994 w.e.f. 14.11.1994 while substituting clauses (e) to (h) of section 10(2) which contained "medium goods vehicle" in section 10(2)(e), medium passenger motor vehicle in section 10(2)(f), heavy goods vehicle in section 10(2)(g) and "heavy passenger motor vehicle" in section 10(2)(h) with expression 'transport vehicle' as substituted in section 10(2)(e) related only to the aforesaid substituted classes only. It does not exclude transport vehicle, from the purview of section 10(2)(d) and section 2(41) of the Act i.e. light motor vehicle. (iv) The effect of amendment of Form 4 by insertion of "transport vehicle" is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving ## **W.P.(C)No.38137 of 2018** ## **:-8-:** licence for transport vehicle of class of "light motor vehicle" continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect.” 7. Following the law laid down by the Apex Court in the decision referred to supra, a learned Judge of this Court in **Noorumon v. The Regional** **Transport Officer** (judgment dated 28.1.2019 in W.P. (C)No.9392/2012), held that the petitioners therein who are holders of driving licences authorising them to drive light motor vehicles are persons entitled to drive transport vehicles, provided the gross vehicle weight does not exceed 7,500 kgs. 8. Having considered the submissions made by the learned counsel on both sides and also the law laid down in the decisions referred to supra, this Court finds that the petitioner, who is the holder ## **W.P.(C)No.38137 of 2018** ## **:-9-:** of a driving licence to drive light motor vehicle, is legally entitled to drive transport vehicle, provided the gross vehicle weight does not exceed 7,500 kgs. Since the petitioner has studied only upto 7[th] Standard, in view of the provisions under Rule 8 of the Central Motor Vehicle Rules, which stipulates a minimum educational qualification of pass in 8[th] Standard for obtaining a licence to drive a transport vehicle, he is not entitled for badge to drive a transport vehicle with gross vehicle weight exceeding 7,500 kgs. In such circumstances, this writ petition is disposed of by setting aside Ext.P5 communication dated 11.7.2014 of the respondent Regional Transport Officer, Thrissur, to the extent indicated hereinbefore and by declaring that the petitioner is legally entitled to drive a transport vehicle under the class 'light motor vehicle', ie., ## **W.P.(C)No.38137 of 2018** **:-10-:** if the gross vehicle weight does not exceed 7,500 kgs., on the strength of Ext.P2 driving licence bearing No.8/2226/2002. Sd/- **ANIL K.NARENDRAN JUDGE** ami/ ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE EXTRACTS OF THE SCHOOL REGISTER OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER VEHICLE. EXHIBIT P3 TRUE COPY OF THE DRIVING PERMIT ISSUED TO THE PETITIONER BY THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH THE PRESCRIBED FEES DATED 30.5.2014. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 11.7.2014.**