IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 19500 of 2009(F) -------------------------- PETITIONER(S): --------------- MOHAMMED BASHEER, AGED 60 YEARS, S/O. ABUBAKER, THODIYIL HOUSE, ANZAR MANZIL, KILIKOLLUR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, TRIVANDRUM. 2. THE TRANSPORT COMMISSIONER, KERALA STATE, TRIVANDRUM. 3. THE REGIONAL TRANSPORT OFFICER, KOLLAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19500 of 2009 ---------------------------------------- Dated this the 14th day of August, 2009. JUDGMENT The petitioner, a retired Government servant, became disabled in a motor accident and his right leg was amputated. He has purchased a Maruthi Alto Car and he is desirous of driving it. But the vehicle requires alteration for enabling the petitioner to use it by changing the hand control alignment. The petitioner took the car to the 3rd respondent and according to him, the 3rd respondent permitted him to do so. The petitioner has already made arrangements for alteration of the hand control which has been fixed and would, therefore, facilitate the operation of the car with the hands, thereby enabling the petitioner to drive the vehicle. This writ petition has been filed seeking a declaration that the petitioner is also entitled to get a driving licence to drive the vehicle in such a way si as to suit his convenience and for incidental reliefs. W.P.(C).No.19500 of 2009 :: 2 :: 2. A detailed counter affidavit has been filed by the 3rd respondent. Paragraphs 5 and 6 of the same read as follows: “5. It is submitted that the applicant appeared in person. He is a physically handicapped person, whose right leg has been amputated just above the knee and artificial limb is being used by him. But he is incapable to operate any of the control of the vehicle with the artificial leg. I personally inspected the vehicle KL-02/AC-349 (Maruti Alto Car) on 24.03.2009 and found that the clutch pedal can be actuated by an additional fitting of the vehicle, which will not violate provision of Section 52(i) of the M.V.Act. Hence permission is granted as applied for; and made necessary entries in the Registration Certificate and back log as follows: 'The vehicle fitted with an additional mechanism to facilitate the operation of clutch pedal and gear shift level simultaneously by the left hand'. 6. It is submitted that the Deputy Transport Commissioner (South Zone) has given direction to the Licensing Authority, Kollam to give necessary instructions to the Assistant Licensing Authority, Kollam to W.P.(C).No.19500 of 2009 :: 3 :: permit the petitioner to attend the practical test with the vehicle. A copy of letter G/1474/SZ/09 is produced herewith and marked as Exhibit R3(a). Copy of R3(a) has been communicated to the petitioner vide letter C1/3657/09/Q dated 16.07.2009 by speed post is produced herewith and marked as Exhibit R3(b). The licence can be issued to the petitioner on passing practical test with the vehicle KL-02/AC-349.” 3. In such circumstances, the grievance projected by the petitioner seems to have been redressed and therefore, the petitioner may be issued a driving licence, if he passes the practical test with the vehicle bearing registration No.KL- 02/AC-349. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge