IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 5378 of 2010(V) ------------------------- PETITIONER(S): --------------- EAPEN THOMAS, URUMBIL HOUSE, KARIMKUNNAM.P.O, THODUPUZHA. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S): --------------- SUB REGIONAL TRANSPORT OFFICER (LICENCING AUTHORITY), DEPARTMENT OF MOTOR VEHICLES, GOVERNMENT OF KERALA, PALA, KOTTAYAM DISTRICT. GOVERNMENT PLEADER FOR R1 SRI. K.S. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 5378 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2010 J U D G M E N T The petitioner is a perso having permanent visual disability of 40%. This writ petition has been filed on being aggrieved by the refusal on the part of the respondent to consider the application submitted by the petitioner for issuance of driving licence. Based on the petitioner's application the respondent has issued Ext.P2 Learners Licence on 12.11.2009. However, the grievance of the petitioner is that the respondent is not conducting the driving test to decide whether the petitioner is qualified for driving licence. 2. A counter affidavit has been filed in this writ petition. However, I do not propose to consider the rival contentions, on merits, at this stage. Admittedly, the competent authority has already received an application from the petitioner for issuance of driving licence. After the receipt of such an application the petitioner was admittedly issued Ext.P2 Learners Licence. Evidently, the respondents are bound to pass an order in terms of Sections 9 and 17 of the Motor Vehicles Act, 1988. Section 17 permits the competent authority to refuse or revoke the WPC.5378/2010 : 2 : driving licence. In short, when an application for driving licence is submitted the licencing authority has to pass orders in terms of the aforesaid provisions Motor Vehicles Act, 1989. He may have to conduct tests as provided in the Act and the Rules for that purpose. At any rate, a final decision has to be taken in the matter when an applicant appears and asks for issuance of driving license, in terms of the provisions under the Act and Rules. Taking into account the said circumstances, this writ petition is disposed of as hereunder: The respondent who is the licencing authority shall pass appropriate orders in terms of Section 17 of the Kerala Motor Vehicle Act, 1989 on the question whether the petitioner has to be issued with a driving licence as requested or whether it should be refused. Such a decision shall be taken by the licencing authority within a period of two weeks from the date of receipt of a copy of this judgment, in accordance with law. It is made clear that this Court has not made any observation with respect to the merits of the contentions of the petitioner. Sd/ (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge