IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2061 of 2006(U)
1. V.S.GOPALAKRISHNAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE TRANSPORT COMMISSIONER,
3. THE REGIONAL TRANSPORT OFFICER,
4. MOTOR VEHICLE INSPECTOR,
For Petitioner :SRI.M.HARISHARMA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :/ /
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.2061 OF 2006
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Dated this the 1st day of September, 2008.
J U D G M E N T
Petitioner is aggrieved since even without participating the
petitioner in a driving test, the fourth respondent arrived at a
conclusion that it will not be possible for the petitioner to control
the vehicle. I am afraid, the fourth respondent has not applied
his mind on the materials produced by the petitioner particularly
Exhibit P4 certificate from the Commissioner for Persons with
Disabilities and Exhibit P5 certificate of the Medical Board. Unless
actual driving test is conducted, there cannot be a proper
assessment also.
2. I quash the impugned orders. There will be a direction
to the fourth respondent to subject the petitioner to a driving test
in the light of Exhibits P4 and P5 and other documents produced
by the petitioner and thereafter take a proper decision. This
shall be done within a period of two months from the date of
production of a copy of this judgment.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
KURIAN JOSEPH, J.
W.P.(C) No. 2061 OF 2006
J U D G M E N T
01.09.2008