IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 20618 of 2009(V) -------------------------- PETITIONER(S): --------------- P.MUTHALIF, AGED 44 YEARS, S/O.KHADER, PADINJARE KOTTAKIDANGU PARAMBA, MUTHALAKKULAM KOZHIKODE-I, NOW RESIDING AT USHA NIVAS, VETTUVADEN KUNNU, GURUVAYOORAPPAN COLLEGE P.O., KUNNATHPALAM, KOZHIKODE. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- THE REGISTERING AUTHORITY (REGIONAL TRANSPORT OFFICER), REGIONAL TRANSPORT OFFICE, KOZHIKODE. GOVERNMENT PLEADER SRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ``````````````````````````````````````````````````````` W.P.(C) No. 20618 of 2009 V ``````````````````````````````````````````````````````` Dated this the 4th day of February, 2010 J U D G M E N T The petitioner is a person who was holding a driving licence for driving three wheelers. He was also having a badge. However, the driving licence expired in the year 1993. According to the petitioner, the licence was not renewed thereafter for the reason that the petitioner was suffering from intermittent fever and fatigue. After he was cured of his ailment, he approached the respondent for getting his licence renewed and for getting the badge. His complaint is that the respondent was not issuing him the challan for making an application for renewal on the ground that his driving licence had expired in the year 1993. The petitioner contends that the respondent has no authority to refuse to issue challan since the petitioner is entitled in law to get his licence renewed. Therefore, he claims appropriate directions in this regard. 2. The learned Government Pleader points out that the petitioner is not entitled to get his licence renewed for the reason WPC.20618/09 : 2 : that sub-section (4) of Section 15 requires him to undergo a test as a condition precedent for being issued with a licence. Therefore, according to the respondent, the petitioner is not entitled to renewal of his licence. 3. I have heard the counsel for the petitioner as well as the learned Government Pleader. I have also considered the contentions of the respective counsel anxiously. 4. It is the admitted case that the petitioner has not renewed his driving licence after 05-08-1993. According to him, the reason for not renewing the licence was because he was suffering from various ailments. He also claims that at present he is cured and he is fit enough to drive the vehicle for which he had been issued a licence. The petitioner has not been allowed to submit an application for renewal because he has not been issued a challan for that purpose. The respondent relies on Section 15(4) of the Motor Vehicles Act, 1988 to support his stand. Section 15 (4) reads as follows: “15(4). Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount WPC.20618/09 : 3 : as may be prescribed by the Central Government: Provided that the fee referred to in sub- section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub- section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of Section 9.” 5. The first proviso to the above sub-section requires that the fee may be accepted in cases where the authority is satisfied that the applicant was prevented by good and sufficient causes from applying within the time specified in sub-section (3), which is thirty days of the date of expiry. The second proviso further provides that if the application is made more than five years after a driving licence has expired, the licensing authority may refuse to renew the driving licence unless the applicant undergoes and WPC.20618/09 : 4 : passes to its satisfaction the test of competence to drive referred to in sub-section (3) of Section 9. 6. Sub-section (3) of Section 9 reads as follows:- “ 9(3). If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that- (a)(i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under Section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of Section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; WPC.20618/09 : 5 : and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving certificate issued by any institution recognised in this behalf by the State Government.” Therefore, the applicant who applies for renewal of his licence after expiry of five years has to undergo such test as may be prescribed for testing his competence. 7. In view of the above provisions, it is clear that the petitioner is not entitled to renewal of his licence, without passing the test contemplated by Section 9(3) of the Act. As rightly pointed out by the counsel for the petitioner, renewal of driving licence does not stipulate that an applicant should prove his competence to drive by passing a test prescribed for the purpose. The above is for the reason that the applicant is the holder of a valid licence WPC.20618/09 : 6 : after the expiry of which not more than thirty days has elapsed. After the expiry of a period of five years of the expiry of a person's driving licence, it is stipulated that the person would have to prove his competence to drive by passing the necessary test. 8. In the present case, since the petitioner's driving licence had expired in the year 1993, he can be granted a licence only after he proves his competence to drive by passing the test contemplated by Section 9(3) of the Act. In view of the above, I do not find any infirmity in the impugned proceedings. This writ petition fails and is accordingly dismissed. However, the dismissal of this writ petition is without prejudice to the right of the petitioner to move the licensing authority in accordance with the provisions of Section 15(4) read with Section 9(3) of the Act, for necessary orders. The petitioner may also apply for renewal of his badge, in accordance with law. (K. SURENDRA MOHAN, JUDGE) aks