Noorumon v. Regional Transport Officer, Tirur; Abdul Hameed v. Regional Transport Officer, Tirur; Musthafa C.P. v. Regional Transport Officer, Tirur

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN** **MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940 WP(C).No. 9392 of 2012** ## **PETITIONER/S:** **NOORUMON, AGED 25 YEARS, S/O. MOHAMMED ALI, HAJIYAREPURAKKAL HOUSE, KOTTAYI P.O., TIRUR, MALAPPURAM DISTRICT.** **BY ADV. SRI.K.K.MOHAMED RAVUF** ## **RESPONDENT/S:** **THE REGIONAL TRANSPORT OFFICER, TIRUR-676101.(ADDL. LICENSING AUTHORITY, TIRUR)** ## **OTHER PRESENT:** **COUNSEL FOR RESPONDENT SRI.G.GOPAKUMAR, GOVT.PLEADER SMT.POOJA SURENDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.11.2018, ALONG WITH WP(C).14520/2012, WP(C).14747/2012, THE COURT ON 28.01.2019 DELIVERED THE FOLLOWING:** WPC.9392, 14520 & 14747/2012. 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN** **MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940** **WP(C).No. 14520 of 2012** ## **PETITIONER/S:** **ABDUL HAMEED, PATTATHIL HOUSE, PUTHUCODE PO, RAMANATTUKARA, MALAPPURAM DISTRICT.** **BY ADV. SRI.K.K.MOHAMED RAVUF** **RESPONDENT/S:** **THE REGIONAL TRANSPORT OFFICER TIRUR, (ADDL. LICENCING AUTHORITY, TIRUR)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.11.2018, ALONG WITH WP(C).14747/2012, WP(C).9392/2012, THE COURT ON 28.01.2019 DELIVERED THE FOLLOWING:** WPC.9392, 14520 & 14747/2012. 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940** **WP(C).No. 14747 of 2012** ## **PETITIONER/S:** **MUSTHAFA.C.P., S/O. NAFEESA, CHEKKALINTE PURAKKAL HOUSE, P.O. PADINJARAKKARA, TIRUR, MALAPPURAM DISTRICT.** **BY ADV. SRI.K.K.MOHAMED RAVUF** ## **RESPONDENT/S:** **THE REGIONAL TRANSPORT OFFICER TIRUR (ADDL. LICENCING AUTHORITY, TIRUR)TIRUR P.O., 680 581.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.11.2018, ALONG WITH WP(C).14520/2012, WP(C).9392/2012, THE COURT ON 28.01.2019 DELIVERED THE FOLLOWING:** WPC.9392, 14520 & 14747/2012. 4 ## **JUDGMENT** **[ WP(C) 9392/2012, WP(C).14520/2012 ,WP(C).14747/2012 ]** The petitioners in these writ petitions are all holders of driving licences issued by the respondent - Regional Transport Officer, Tirur. They wanted to have endorsements in their driving licences authorizing them to drive transport vehicles. However, they are aggrieved by the refusal of the authorities to issue them with Chellan for submitting an application in Form LTA. The authorization has not been issued for the reason that they have not passed 8[th] standard. According to them, the insistence on passing 8[th] standard is unreasonable and liable to be declared so. Since the question raised is common to all the writ petitioners, they are considered and disposed of together. 2. According to Adv. K.K. Mohammed Ravuf, who appears for the petitioners in these cases, the petitioners are all holders of valid driving licences issued to them. Rule 6 of the WPC.9392, 14520 & 14747/2012. 5 Kerala Motor Vehicles Rules deals with authorization to drive a transport vehicle. The proviso to the said Rule stipulates that for the grant of such authorization, the applicant should be a person who has studied up to standard IV and having one year experience in driving light motor vehicle. Since the petitioners satisfy both the conditions stipulated by the Rule, it is contended that there is no justification for not granting such an authorization. According to the learned counsel, the Motor vehicles Act was amended in 1994 taking away the different classes of transport vehicles that were earlier there. Section 10(2)(e) of the Motor Vehicles Act refers to 'transport vehicle' also, while Section 11 deals with additions to a driving licence. Therefore, it is contended that invoking Rule 6 of the Kerala Rules, the petitioners ought to have been granted the authorization to drive a transport vehicle as sought for. It is pointed out by the learned counsel that, Section 2(47) defines 'transport vehicle' to mean a public service vehicle, goods carriage, WPC.9392, 14520 & 14747/2012. 6 an educational institution bus, or a private service vehicle. Therefore, the authorization that is sought for is only to be granted, it is contended. 3. The contentions of the learned counsel for the petitioners are opposed by the learned Government Pleader who points out that, since the petitioners are persons who do not satisfy the qualification of a pass in VIII standard, no authorization permitting them to drive a transport vehicle could be granted. 4. Heard. The issue that arises for consideration here is whether the holder of a licence to drive a light motor vehicle should be granted an authorization to drive a transport vehicle also. The issue has been concluded by the decision of the Apex Court in Mukund Dewangan v. Oriental Insurance Company Ltd. (AIR 2017 SC 3668). In the said case also, the Supreme Court was faced with a question as to whether it was necessary for a driver holding a licence to drive a light motor vehicle to obtain an additional WPC.9392, 14520 & 14747/2012. 7 endorsement authorizing him to drive a transport vehicle. After an elaborate consideration of the various provisions of the Motor Vehicles Act, 1988, it has been held that a light motor vehicle includes a transport vehicle as well and therefore, the driver holding a light motor vehicle licence can drive all vehicles of the class including a transport vehicle, the gross weight of which does not exceed 7500 kg. Paragraphs 45 and 46 of the said judgment reads as under: “45. Transport vehicle has been defined in section 2(47) of the Act, to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Public service vehicle has been defined in section 2(35) to mean any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward and includes a maxicab, a motor cab, contract carriage, and stage carriage. Goods carriage which is also a transport vehicle is defined in section 2(14) to mean a motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods. It was rightly WPC.9392, 14520 & 14747/2012. 8 submitted that a person holding licence to drive light motor vehicle registered for private use, who is driving a similar vehicle which is registered or insured, for the purpose of carrying passengers for hire or reward, would not require an endorsement as to drive a transport vehicle, as the same is not contemplated by the provisions of the Act. It was also rightly contended that there are several vehicles which can be used for private use as well as for carrying passengers for hire or reward. When a driver is authorized to drive a vehicle, he can drive it irrespective of the fact whether it is used for a private purpose or for purpose of hire or reward or for carrying the goods in the said vehicle. It is what is intended by the provision of the Act, and the Amendment Act 54/1994. 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 WPC.9392, 14520 & 14747/2012. 9 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 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 WPC.9392, 14520 & 14747/2012. 10 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 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 dos 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 licence for transport vehicle of class of “light motor vehicle” WPC.9392, 14520 & 14747/2012. 11 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.” 5. In view of the above authoritative pronouncement of the Apex Court, the petitioners in these cases are entitled to succeed. They are all holders of licences authorizing them to drive light motor vehicle. Therefore, they are persons entitled to drive transport vehicles provided the gross vehicle weight does not exceed 7500 kg. These writ petitions are all allowed on the above terms, declaring that the petitioners are all entitled to drive transport vehicles also, provided the gross vehicle weight does not exceed 7500 kg. Sd/- - JUDGE sb WPC.9392, 14520 & 14747/2012. 12 ## **APPENDIX IN W.P.(C) NO. 9392 OF 2012** PETITIONERS' EXTS: EXT. P1 : TRUE COPY OF THE DRIVING LICENSE ISSUED BY THE RESPONDENT. EXT. P2 : TRUE COPY OF EXTRACT OF SCHOOL ADMISSION REGISTER. //TRUE COPY// SD/- P.S. TO JUDGE WPC.9392, 14520 & 14747/2012. 13 ## **APPENDIX IN W.P.(C) NO. 14520 OF 2012** ## PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE DRIVING LICENSE ISSUED BY THE RESPONDENT. //TRUE COPY// SD/P.S. TO JUDGE WPC.9392, 14520 & 14747/2012. 14 ## **APPENDIX IN W.P.(C) NO. 14747 OF 2012** PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE DRIVING LICENSE ISSUED BY THE RESPONDENT. //TRUE COPY// SD/- P.S. TO JUDGE