Gopakumar C.P vs. State Of Kerala - Kerala High Court, 13 October 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUE AY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942 WP(C).No.11463 OF 2020(G) PETITIONER: GOPAKUMAR C.P, AGED 40 YEARS, S/O. T.G.C.NAIR, RESIDING AT PUTHEZHATHU HOUSE, KUDAVECHOOR P.O., AMBIKA MARKET P.O., VAIKOM, KOTTAYAM-686 144 BY ADV. SRI.NIRMAL V NAIR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR VEHICLES, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 REGIONAL TRANSPORT OFFICER, CIVIL STATION, COLLECTORATE PO, KOTTAYAM - 686002. 3 JOINT REGIONAL TRANSPORT OFFICER, MUNICIPAL BUILDING, KOCHUKAVALA, VAIKKOM,KOTTAYAM-686 141 R1-3 BY SR. GOVERNMENT PLEADER SMT.SHEEJA C.S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = W.P.(C) No.11463 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 13th day of October, 2020 JUDGMENT The petitioner is aggrieved by the refusal on the part of respondents 2 and 3 to renew his driving licence with effect from the date of its expiry. The driving licence in question was renewed by the authorities only with effect from the date of the application.

Heard learned counsel for the petitioner as well as the learned Government Pleader.

The petitioner was the holder of a driving licence, valid during the period from 24.08.1999 to 23.08.2019. On 04.09.2019, the petitioner submitted application before the RTO, Kottayam, the juri iction within which he was conducting his business, seeking renewal of licence. The necessary fee for renewal was also paid on 04.09.2019 as is evident from Ext.P3. It appears that the second respondent returned the application directing the petitioner to produce it before the third

W.P.(C) No.11463 of 2020 :- 2 :- respondent Joint RTO at Vaikom which is the place of residence of the petitioner. The application submitted pursuant thereto before the third respondent at Vaikom was granted, but renewing the licence with effect from 01.10.2019 which is the date of submission of application before the third respondent. The petitioner claims that he is entitled to have the licence renewed with effect from the date of expiry since he had submitted the application within the grace period of 30 days as is provided for in the proviso to Section 14(2) of the Motor Vehicles Act (hereinafter referred to as the “Act”).

Proviso to Section 14(2) of the Act, as it stood at the time of expiry of the petitioner's licence, read thus:- “Provided that every driving licence shall, not withstanding its expiry under this sub-section continue to be effective for a period of 30 days from such expiry.”

W.P.(C) No.11463 of 2020 :- 3 :-

Going by Section 15(1) of the Act and the proviso to Section 14(2) afore referred to (as it then stood), if the application for renewal of licence is made within 30 days of its expiry, the licence is liable to be renewed with effect from the date of its expiry.

Therefore, if a proper application was submitted by the petitioner seeking renewal of licence within 30 days from its expiry, then the petitioner is entitled to have the licence renewed with effect from the date of its expiry.

Now the question is whether the petitioner had submitted a proper application for renewal of licence. As noticed supra, the petitioner had paid the necessary fee seeking renewal of licence and has submitted his application before the RTO, Kottayam, within the grace period that was provided under the statute. So, the application was submitted within the time stipulated by the statute. The petitioner was conducting business at Star Junction, Kottayam as is evident from Ext.P2. Rule 18(1) of the Central Motor Vehicles Rules

W.P.(C) No.11463 of 2020 :- 4 :- enables submission of application for renewal of driving licence to the licencing authority within the juri iction in which the applicant ordinarily resides or carries on business. Section 15(6) provides that when the authority renewing the licence is not the authority which issued the licence, the factum of renewal is to be intimated by the renewing authority to the authority which issued the driving licence. That, if the petitioner was carrying on business within the juri iction of the RTO, Kottayam at the relevant time, the application could have been entertained and the licence renewed by the RTO, Kottayam, is beyond dispute in view of the above provisions of law. As noticed above, at the relevant time, the petitioner was having business within the juri iction of RTO, Kottayam. Hence the application submitted by him before the RTO, Kottayam was perfectly entertainable. The application having been submitted before the proper forum and within the period prescribed by the statute as it then stood, it is only proper that the licence of the

W.P.(C) No.11463 of 2020 :- 5 :- petitioner be renewed with effect from the date of its expiry.

In the result, the writ petition is ordered as follows:- (i) It is declared that the petitioner is entitled to have his driving licence renewed with effect from the date of its expiry ie. 23.08.2019. (ii) The petitioner shall produce the driving licence presently issued to him, before the second respondent, who shall cause a corrected renewed licence to be issued to the petitioner in terms of the above. SATHISH NINAN JUDGE kns/- //// P.S. to Judge

WP(C).No.11463 OF 2020(G) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE DRIVING LICENSE OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 AOF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER'S PROPERTY CONCERN EXHIBIT P3 AOF THE RECEIPT OF PAYMENT OF FEES DATED 04.09.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 AOF THE FIR IN CRIME NO.1823 OF 2019 OF THE VAIKKOM POLICE STATION IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4 EXHIBIT P5 AOF THE RENEWED DRIVING LICENSE OF THE PETITIONER EXHIBIT P6 AOF THE LETTER DATED NIL BY THE BODY SHOP MANAGER OF AVG MOTORS LIT.BAKER JN KOTTAYAM EXHIBIT P7 AOF THE RECEIPT DATED 12.10.2019 ISSUED BY THE AVG MOTORS LMT., BAKER JN.KOTTAYAM EXHIBIT P8 AOF THE RECEIPT DATED 09.11.2019 ISSUED BY THE AVG MOTORS LMT., BAKER JN.KOTTAYAM EXHIBIT P9 AOF THE REPRESENTATION DATED 14.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT -----