IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 2061 of 2006(U) ----------------------------------- PETITIONER: ------------------- V.S.GOPALAKRISHNAN NAIR, S/O.SANKUNNI PILLAI, AGED 64 YEARS, RESIDING AT "SEENA BHAVAN", FLRA-B-6, VIGHNESWARA NAGAR, VAZHUTHAKKADU, TRIVANDRUM-14. BY ADV. SRI.M.HARISHARMA RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECCRETARY TO THE MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, KERALA MOTOR VEHICLE DEPARTMENT, THIRUVANANTHAPURAM-23. 3. THE REGIONAL TRANSPORT OFFICER, KERALA MOTOR VEHICLE DEPARTMENT, THIRUVANANTHAPURAM-23. 4. MOTOR VEHICLE INSPECTOR, KERALA MOTOR VEHICLE DEPARTMENT, THIRUVANANTHAPURAM-23. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.09.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2061 of 2006(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE APPLICATION DATED 17.2.2004 SUBMITTED BY THE PETITIONER BEFORE TEH 3RD RESPONDENT. EXT.P2 - TRUE COPY OF COVERING LETTER DATED 4.3.2004. EXT.P3 - COPY OF CERTIFICATE ISSUED BY A QUALIFIED MEDICAL PRACTITIONER DATED 20/1/2004. EXT.P4 - COPY OF CERTIFICATE DATED 19.01.2004, FROM THE STATE COMMISSIONER AND SECRETARY FOR PERSONS WITH DISABILITIES. EXT.P5 - COPY OF CERTIFICATE FROM THE MEDICAL BOARD OF GENERAL HOSPITAL, THIRUVANANTHAPURAM DATED 27.2.2004. EXT.P6 - COPY OF THE LEARNERS' LICENSE ISSUED BY 3RD RESPONDENT, HAVING NO. 2298/2004, DATED 4.3.2004. EXT.P7 - COPY OF CALL LETTER ISSUED BY THE 3RD RESPONDENT DATED 10.11.2004, HAVING NO L2/26651/T/2004. EXT.P8 - TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 23/11/2004. EXT.P8(a) - TYPE WRITTEN COPY OF EXT.P8. EXT.P9 - COPY OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1/12/2004. EXT.P10 - COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 31/12/2004 HAVING NO.G4-2944/2004/TC. EXT.P11 - COPY OF THE REPORT GIVEN BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P12 - COPY OF THE ORDER DATED 13.6.2005 ISSUED BY 1ST RESPONDENT REJECTING THE APPEAL FILED BY THE PETITIONER. EXT.P13 - TRUE COPY OF THE LETTER ISSUED BY THE COMMISSIONER FOR PERSONS WITH DISABILITIES DATED 30.9.2004, HAVING NO. 1287/S4/04/SCPWD EXT.P14 - TRUE COPY OF THE SUMMONS SERVED ON THE PETITIONER DATED 26.5.2005, BY THE SCPD. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.2061 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T Petitioner is aggrieved since even without participating the petitioner in a driving test, the fourth respondent arrived at a conclusion that it will not be possible for the petitioner to control the vehicle. I am afraid, the fourth respondent has not applied his mind on the materials produced by the petitioner particularly Exhibit P4 certificate from the Commissioner for Persons with Disabilities and Exhibit P5 certificate of the Medical Board. Unless actual driving test is conducted, there cannot be a proper assessment also. 2. I quash the impugned orders. There will be a direction to the fourth respondent to subject the petitioner to a driving test in the light of Exhibits P4 and P5 and other documents produced by the petitioner and thereafter take a proper decision. This shall be done within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 2061 OF 2006 J U D G M E N T 01.09.2008