IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 17771 of 2009(N) --------------------------------------- PETITIONERS: --------------------- 1. AZIZ, S/O.ISMAIL, KAIPAKALLU HOUSE, MAJIBAIL, MANJESHWAR P.O., KASARAGODE. 2. HARISHA.H., S/O.SEKHARE, SEKHARE - MAJAL HOUSE, BANGARA, MANJESHWAR P.O., KASARAGODE. 3. CHENNAPPA, PRESIDENT, MANJESHWAR LORRY OWNER ASSOCIATION, IST FLOOR, JAYARAJ COMPLEX, HOSSANGADI, MANJESHWAR, KASARAGODE. BY ADV. MR.K.PRAVEEN KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. REGIONAL TRANSPORT OFFICER, KASARAGODE. 3. ASSISTANT MOTOR VEHICLE INSPECTOR, MANJESHWAR CHECK POST, KASARAGODE. R1 TO R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI,J. ------------------------- W.P ( C) No.17771 of 2009 -------------------------- Dated this the 4th August,2009 J U D G M E N T Petitioners 1 and 2 are residing in the border villages of Kerala and Karnataka. Petitioners were issued with driving license by the licensing authority in Mangalore as evidenced by Exts.P1 and P2. Reference is made in the writ petition to the interception of petitioners' vehicles at the check post Manjeshwar alleging that the licenses were issued in Mangalore. Hence the writ petition praying for the following reliefs. a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents not impose fine on the 1st and 2nd petitioners alleging possession of invalid license. b) To declare that the license issued by the licensing authority, Mangalore is valid throughout the territory of India as provided u/s 13 of the Act. c) writ of mandamus or any appropriate writ order or direction, directing the respondents to refund the amount collected from the petitioners vide Ext.P3 and P4. W.P ( C) No.17771 of 2009 2 d) To declare that the members of 3rd petitioner who are having valid license issued from Karntaka state or any other state is valid for using within the territory of India as provided u/s 13 of the Act.” 2. Learned Government Pleader, on instructions, submits that Rule 40 of the Motor Vehicle Rules provides that a person who has obtained a license from the licensing authority shall, if he shifts his residence to any other place, intimate his change of address to the licensing authority. Petitioners have not done this. He refers to Section 177 of the Motor Vehicle Act which provides for an offence, in a case where separate offence is not provided for a contravention of the provisions of the Act. 3. In the facts and circumstances of the case, all that is required, at this stage, is to require the petitioners to intimate their change of address to the licensing authority within the State and their present address, if they have shifted their residence from within the limits of the licensing authority at Mangalore. Petitioner shall obtain necessary endorsement regarding the change of W.P ( C) No.17771 of 2009 3 their address. Once such endorsements are made, it will be treated as due compliance of Rule 140 of the Motor Vehicle Rules. Petitioners shall not be restricted in operating their driving license until the process mentioned above is completed. Subject to the above right, petitioner shall necessarily intimate their change of residence to the licensing authority at Mangalore within the time frame mentioned above. But it is made clear that the directions will not stand in the way of respondents enforcing the provisions of the Motor Vehicle Act and the Rules legitimately. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.17771 of 2009 4 W.P ( C) No.17771 of 2009 5