IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 16264 of 2011(G) -------------------------- PETITIONER(S): --------------- 1. P.K.SATHIAPALAN, KARUVAN'S MOTOR DRIVING SCHOOL, BALUSSERY, VATAKARA. 2. SEETHARAM, SEETHARAM DRIVING SCHOOL, BALUSSERY, VATAKARA. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, VATAKARA, PIN - 673 101. 2. THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN 695039. BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 16264/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 20.5.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16264 OF 2011 -------------------------- Dated this the 20th day of September, 2011 J U D G M E N T The petitioners are persons who hold licences to run driving schools in terms of the provisions contained in the Motor Vehicles Act and the Central Motor Vehicles Rules. This writ petition is filed mainly seeking a direction to the Transport Commissioner to consider Ext.P1 representation wherein the petitioners have prayed for framing of the guidelines for granting new licences to driving schools under rule 24 of the Central Motor Vehicles Rules. The petitioners have also prayed for an order directing the first respondent not to entertain applications for grant of fresh licence to driving schools in Balussery Panchayat till Ext.P1 is considered by the second respondent. 2. Rule 24 of the Central Motor Vehicles Rules itself sets out the matters to be taken into account when the licencing authority considers an application for the grant or renewal of licence. The Transport Commissioner cannot therefore alter the matters required to be considered by the licencing authority. The request made by the petitioners cannot therefore be entertained by the Transport Commissioner. I therefore find no grounds to grant the relief prayed for. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.16264/2011 2