W.P.(C.) No. 17121 of 2023, Lenin P.S. v. The Regional Transport Officer, Regional Transport Office, Alappuzha District; Joint Regional Transport Officer, Sub-Regional Transport Office, Cherthala; Transport Commissioner, State of Kerala; Union of India

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR.JUSTICE C.S.DIAS` ``` MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 ``` ## `WP(C) NO. 17121 OF 2023` ## `PETITIONER:` ``` 1LENIN P.S, AGED 40 YEARS S/O SASI, RESIDING AT LENIN NIVAS, C 20, CHERTHALA NORTH, ALAPPUZHA DISTRICT, PIN - 688524 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR BIJOY SAM GEORGE ``` ## `RESPONDENTS:` |`1`|`THE REGIONAL TRANSPORT OFFICER,`| |---|---| ||`REGIONAL TRANSPORT OFFICE, CIVIL STATION,`| ||`ALAPPUZHA DISTRICT, PIN - 688001`| |`2`|`JOINT REGIONAL TRANSPORT OFFICER,`| ||`SUB-REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION,`| ||`CHERTHALA PO, ALAPPUZHA DISTRICT, PIN - 688524`| |`3`|`TRANSPORT COMMISSIONER,`| ||`TRANS TOWERS, VAZHUTHACAUD,`| ||`THIRUVANANTHAPURAM, PIN - 695014`| |`4`|`STATE OF KERALA,`| ||`REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,`| ||`TRANSPORT DEPARTMENT, SECRETARIAT,`| ||`THIRUVANANTHAPURAM, PIN - 695001`| |`5`|`UNION OF INDIA,`| ||`REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,`| ||`MINISTRY OF ROAD TRANSPORT AND HIGHWAY,`| ||`SANSAD MARG, NEW DELHI, PIN - 110001`| ||`BY ADV.`| ||`SMT PARVATHY K, GOVERNMENT PLEADER`| |`THIS `|`WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON`| |`12.06.2023,`|`THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:`| ``` WPC No.17121 of 2023 ``` ``` 2 ``` ## C.S.DIAS, J. ``` ------------------------- ``` ## W.P.(C.) No.17121 of 2023 `-------------------------` Dated this the 12[th] day of June, 2023 ## JUDGMENT The writ petition is filed, interalia, to direct the first respondent to restrain the first respondent from invoking the provisions of Section 19 of the Motor Vehicles Act, 1989 (in short ‘Act’) and proceeding with Ext.P3 show cause notice. 2. The petitioner is a driver by profession, having Ext.P1 heavy driving license. On 05.04.2023, the petitioner was served with Ext.P3 show cause notice by the first respondent, threatening to revoke his driving license by invoking the power under Section 19(1)(d)(f) of the Act. Immediately, on receipt of Ext.P3 notice, ``` WPC No.17121 of 2023 ``` ``` 3 ``` the petitioner submitted Ext.P4 objection to the first respondent stating that he has not committed any offences and 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 to the petitioner had filed writ petitions before this Court and Ext.P5 order has been passed. Ext.P3 show cause notice is ex-facie illegal and unsustainable in law. Hence, the writ petition. 3. Heard; Sri.G.Hariharan, the learned Counsel appearing for the petitioner, ``` WPC No.17121 of 2023 ``` ``` 4 ``` Smt.Parvathy Kottol, the learned Government Pleader appearing for respondents 1 to 4 and the learned Deputy Solicitor General of India appearing for the 5[th] respondent. 4. Sri.G.Hariharan, argued that there is absolutely nothing on record to substantiate that the petitioner has violated the provisions of the Motor Vehicles Act, by carrying overload in the vehicle that he was driving, as alleged by the respondents. Therefore, Ext.P3 show cause notice is vitiated and may be quashed. 5. Smt.Parvathy Kottol, on the contrary, submitted that the petitioner has 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 petitioner who handed over the weighment certificate, which clearly establishes that the vehicle was overloaded. It was on the strength of the ``` WPC No.17121 of 2023 ``` ``` 5 ``` weighment certificate that the respondents have issued Ext.P3 show cause notice. 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 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 ``` WPC No.17121 of 2023 ``` ``` 6 ``` 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 or arbitrariness on the part of the first respondent in issuing of Ext.P3 show cause notice, warranting interference by this Court under Article 226 of the Constitution of India. Nonetheless, it will be upto the first respondent to finalise Ext.P3 show cause notice, after adverting to Ext.P4 objection submitted by the petitioner, after affording him an opportunity of being heard. It is made clear that this Court has not expressed anything on the merits of Ext.P3 show cause notice. Resultantly, I dispose of the writ petition as follows: - (i) The petitioner’s prayer to quash Ext.P3 - show cause notice is rejected. - (ii) The first respondent is directed to to ``` WPC No.17121 of 2023 ``` ``` 7 ``` consider and finalise Ext.P3 show cause notice, after adverting to Ext.P4 objection submitted by the petitioner, in accordance with law, after affording to the petitioner an opportunity of being heard. (iii) Until such time Ext.P3 show cause notice is finalised, the second respondent shall not revoke Ext.P1 driving license of the petitioner. The writ petition is ordered accordingly. Sd/- C. S. DIAS JUDGE SKP/12-06 ``` WPC No.17121 of 2023 ``` ``` 8 ``` ## `APPENDIX OF WP(C) 17121/2023` ``` PETITIONER’S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE HEAVY DRIVING LICENCE NO.KL3220020000464 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER EXHIBIT P2A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-04AR-5577 EXHIBIT P3A TRUE COPY OF SHOW CAUSE NOTICE DATED 05.04.2023 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER EXHIBIT P4A TRUE COPY OF THE REPLY DATED 13.04.2023 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT AGAINST EXHIBIT.P3 NOTICE EXHIBIT P5A TRUE COPY OF THE ORDER NO.A1/24/2022-TC DATED 09.02.2022 ISSUED BY THE 4TH RESPONDENT EXHIBIT P6A TRUE COPY OF THE JUDGMENT MADE IN W.P. (C).NO.11815/2023 DATED 04.04.2023 RESPONDENTS' EXHIBITS:NIL ``` ## `TRUE COPY` ``` P.A. TO JUDGE ```