IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 9TH FEBRUARY 2007 / 20TH MAGHA 1928 WP(C).No. 3631 of 2007(G) ------------------------------------- PETITIONER: -------------------- M.SREESHAN, S/O.DAMODHARAN, AGED 33 YEARS, "SREEJA NIVAS", MUZHAPILANGAD (PO), KANNUR DISTRICT. BY ADV. SRI.C.KHALID SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE (RTO), KANNUR. 2. THE JOINT REGIONAL TRANSPORT OFFICER, THALASSERY. 3. SUB INSPECTOR OF POLICE, KANNAVAM POLICE STATION, KANNAVAM. BY GOVERNMENT PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.3631/2007 APPENDIX PETITIONERS EXHIBITS; EXT.P1. COPY OF THE PHOTOGRAPH EXT.P2. COPY OF THE NOTICE ISSUED BY THE 1ST RESAPONDENT DT.18.12.2006 EXT.P3. COPY OF THE REPLY DATED 22.12.206 TO THE 1ST RESPONDENT EXT.P4. COPY OF THE SUSPENSION ORDER DATED 26.12.2006 TO THE 2ND RESPONDEDNT /TRUE COPY// PGR K.BALAKRISHNAN NAIR,J. ------------------------------------------ WP(C)NO.3631 OF 2007-G ------------------------------------------ Judgment The petitioner is the driver of the stage carriage bearing Registration No.KL-13/F-1467. The said vehicle collided with a car bearing Registration NO.KL-13/N-134 on 21.06.2006. Later, the petitioner was served with Ext.P2 show cause notice, purportedly issued under Section 19(1) of the Motor Vehicles Act, proposing to suspend/cancel his licence. Reliance was placed on the crime registered against him as Crime No.73/06 of Kannavam Police Station under Sections 279, 304A and 337 IPC. The petitioner submitted Ext.P3 reply, stating that he had never been involved in any accident and it was the first time, such an accident took place and a crime was registered against him. According to him, owing to the negligence of the driver of the car, the accident took place. But, overruling his objections, his driving licence was supended under Section 21 of the Motor Vehicles Act, by the 1st respondent licensing authority by Ext.P4 order. The said order reads as follows : “As per the ref. cited, JRTO Thalassery forwarded the DL No.1981/94 to take action against the DL holder, who is involved in crime No.73/06 u/s 279, 337, 304A IPC of Kannavam PS. This office called the DL holder for personal hearing on 22.12.2006. The DL holder denied the offence and it is found that the recommendation of investigation officer is just and correct. Hence the Licensing authority under the power empowered WPC 3631/07 2 on me u/s 21 hereby suspended DL No.1981/94 for a period of 3 months from 22.12.06 to 21.03.07.” This Writ Petition is filed, challenging Ext.P4 on the ground that the provisions of Section 21 of the Motor Vehicles Act will not apply to the case of the petitioner. 2. The respondents have filed a statement. But, no grounds have been raised in it to support the impugned action. Section 21 applies to all persons, who have been previously convicted for an offence punishable under Section 184 of the Motor Vehicles Act. Ext.P2 does not contain any such allegation. The petitioner also submits, there is no previous conviction against him. The statement of the respondents also does not speak of any previous conviction of the petitioner. Therefore, the contention of the petitioner that Section 21 of the Motor Vehicles Tax Act does not apply to his case, has to be accepted. In the result, the Writ Petition is allowed. Ext.P4 is quashed. 09.02.2007 K.BALAKRISHNAN NAIR,JUDGE sta WPC 3631/07 3