IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5378 of 2010(V)
1. EAPEN THOMAS, URUMBIL HOUSE,
... Petitioner
Vs
1. SUB REGIONAL TRANSPORT OFFICER
... Respondent
For Petitioner :SRI.T.J.MICHAEL
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :14/10/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)No. 5378 OF 2010
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Dated this the 14th day of October, 2010
J U D G M E N T
The petitioner is a perso having permanent visual
disability of 40%. This writ petition has been filed on being
aggrieved by the refusal on the part of the respondent to
consider the application submitted by the petitioner for issuance
of driving licence. Based on the petitioner’s application the
respondent has issued Ext.P2 Learners Licence on 12.11.2009.
However, the grievance of the petitioner is that the respondent
is not conducting the driving test to decide whether the
petitioner is qualified for driving licence.
2. A counter affidavit has been filed in this writ petition.
However, I do not propose to consider the rival contentions, on
merits, at this stage. Admittedly, the competent authority has
already received an application from the petitioner for issuance
of driving licence. After the receipt of such an application the
petitioner was admittedly issued Ext.P2 Learners Licence.
Evidently, the respondents are bound to pass an order in terms
of Sections 9 and 17 of the Motor Vehicles Act, 1988. Section
17 permits the competent authority to refuse or revoke the
WPC.5378/2010
: 2 :
driving licence. In short, when an application for driving licence
is submitted the licencing authority has to pass orders in terms
of the aforesaid provisions Motor Vehicles Act, 1989. He may
have to conduct tests as provided in the Act and the Rules for
that purpose. At any rate, a final decision has to be taken in the
matter when an applicant appears and asks for issuance of
driving license, in terms of the provisions under the Act and
Rules. Taking into account the said circumstances, this writ
petition is disposed of as hereunder:
The respondent who is the licencing authority shall pass
appropriate orders in terms of Section 17 of the Kerala Motor
Vehicle Act, 1989 on the question whether the petitioner has to
be issued with a driving licence as requested or whether it
should be refused. Such a decision shall be taken by the
licencing authority within a period of two weeks from the date of
receipt of a copy of this judgment, in accordance with law. It is
made clear that this Court has not made any observation with
respect to the merits of the contentions of the petitioner.
Sd/
(C.T. RAVIKUMAR, JUDGE)
jma
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P.A to Judge