THE HON’BLE SRI JUSTICE N.V. RAMANA. W.P. No. 21653 of 2008 Oral order: The petitioner aggrieved by the order dated 18.09.2008, passed by the respondent, under Section 53(1) (a) & (b)(ii) of the Motor Vehicles Act, 1988 suspending the Registration Certiﬁcate of his vehicle bearing No. AP-01-V- 2787, on the ground that he had committed certain violations, filed the present writ petition. The learned counsel for the petitioner submitted that since the petitioner sustained fracture injury to his leg, he could not submit the explanation to the show cause notice issued by the respondent, and by the time he recovered, the impugned order came to be passed. Since the impugned order was passed by the respondent, obviously without considering the explanation of the petitioner, he submitted that the petitioner be provided an opportunity to submit his explanation to the show cause notice that preceded the impugned order. On the other hand, the learned Assistant Government Pleader for Transport submitted that the petitioner has an alternative remedy of appeal under Section 57 of the Motor Vehicles Act, 1988, and the petitioner may be directed to avail the said remedy of appeal. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Transport. The impugned order, suspending the Registration Certiﬁcate of the vehicle of the petitioner, was passed by the respondent on the ground that the petitioner committed certain violations. Prima facie, the said order was passed without considering the explanation of the petitioner, in that the petitioner could not submit his explanation within time because he is said to have sustained fracture injury to his leg. Even though the petitioner has a remedy of appeal, but since the impugned order was passed, without considering the explanation of the petitioner, it is not proper for this Court to direct the petitioner to avail the remedy of appeal. Hence, I deem it appropriate to dispose of the writ petition with the following directions: The impugned order dated 18.09.2008 passed by the respondent is set aside. The petitioner is directed to submit his explanation to the show cause notice that preceded the impugned order, within a period of one week from the date of receipt of a copy of this order, and within a period of two weeks thereafter, the respondent shall consider the explanation to submitted by the petitioner, and pass appropriate orders thereon in accordance with law. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 30th September, 2008 KSR