IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13359 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ V.G.SAJIMON, VALYASSERIMANALEL, VELOOR, KOTTAYAM-3. BY ADV. MR.B.PREMOD RESPONDENT(S): ---------------------------- 1. THE REGIONAL TRANSPORT OFFICER, KOLLAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, KERALA TRANSPORT TOWERS, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------------- Writ Petition (C) No.13359 of 2009-L ------------------------------------------------- Dated 21st May 2009 Judgment The petitioner, who is employed in the KSRTC as a driver, is aggrieved by Ext.P4 order dated 24.03.2009 passed by the RTO,Kollam, suspending his driving licence for a period of six months. It is admitted that order Ext.P4 is appealable under the Motor Vehicles Act. But, according to the petitioner, in view of Ext.P5 circular issued by the Transport Commissioner, an appeal may not really be efficacious. I am unable to accept this submission. Ext.P5 circular issues general directions to the licencing authorities to invoke the provisions of Section 19(1) of the Motor Vehicles Act against over-speeding drivers. But, where a licence is suspended and the order is otherwise appealable, the appellate power cannot be considered as curtailed by a circular issued by the Transport Commissioner. Whether there are sufficient circumstances for the appellate authority to interfere with the order of suspension, will depend upon the facts of the case. In these circumstances, it is open to the petitioner to prefer an appeal against Ext.P4 order, before the appellate authority. If such an appeal is preferred within two weeks from today, the appellate authority will consider and pass orders thereon in accordance WPC 13359/09 -2- with law within three weeks thereafter, after affording an opportunity of being heard to the petitioner. Subject to the above directions, the Writ Petition is disposed of. V.GIRI,JUDGE sta