IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 623 of 2010(C) ----------------------------------- PETITIONER(S): ----------------------- P. RAJAN, PADANILATH HOUSE, P.O.KARALMANNA, CHERPLASSERY, PALAKKAD DISTRICT. BY ADV. MR.ANIL SIVARAMAN, SMT.RAJI VINCENT. RESPONDENT(S): ------------------------- 1. THE ADDITIONAL LICENSING AUTHORITY, (THE JOINT REGIONAL TRANSPORT OFFICER), SUB REGIONAL TRANSPORT OFFICE, PATTAMBI, PALAKKAD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, CHERPLASSERY POLICE STATION, CHERPLASSERY, PALAKKAD DISTRICT. R1 & R2 BY SR. GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - W.P.(C) No.623 of 2010 - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of January , 2010 J U D G M E N T Ext.P3 order passed by the first respondent suspending the petitioner's driving license for a period of one year from 30/12/2009 is under challenge in this writ petition. Though an appeal lies from Ext.P3 under Section 19(3) of the Motor Vehicles Act 1988 to the Deputy Transport Commissioner, the petitioner submits that as directions have been issued by the Director General of Police and the Transport Commissioner to suspend the licences of drivers of stage carriages and heavy motor vehicles, involved in motor accidents resulting in death, no useful purpose will be served by filing an appeal. 2. The petitioner has not produced any material to show that as stated by him, instructions have been issued W.P.(C) No.623 of 2010 -2- by the Director General of Police and the Transport Commissioner to suspend the driving licences of drivers of stage carriages and heavy motor vehicles involved in motor accidents resulting in death. Even if such directions have been issued, the appellate remedy cannot be rendered illusory and meaningless by relying on such instructions. It is for the appellate authority who is empowered to hear appeals filed under Section 19(3) of the Motor Vehicles Act, 1998 to decide whether the suspension of the driving licence is warranted. 3. I accordingly decline jurisdiction and dismiss the writ petition, leaving open the petitioner's contentions and reserving liberty with him to challenge Ext.P3 order in appeal before the Deputy Transport Commissioner. The Deputy Transport Commissioner shall in the event of the petitioner filing an appeal within the period of limitation, pass orders thereon in accordance with law, expeditiously and in any event within 2 months from the date on which W.P.(C) No.623 of 2010 -3- such appeal is filed before him, after affording the petitioner a reasonable opportunity of being heard. P.N. RAVINDRAN (JUDGE) nl