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2013 Supreme(Ker) 496

A.M.SHAFFIQUE
Secretary, All Kerala Motor Driving School Instructors & Workers Association – Appellant
Versus
State of Kerala, represented by its Secretary, Transports – Respondent


Advocates appeared:
For the Petitioner:Kurian George Kannanthanam, Senior Advocate, Jiji Thomas, Mrs. Smitha Mathew, Advocates.
For the Respondents: R1 to R4, P.M. Saneer, Senior Government Pleader.

Judgment :

1. The petitioner challenges Exts.P1 and P2 in so far as a direction is issued by the respondent authorities for enrolling the persons in the driving school only if they are residing or carrying on business in the place where the concerned driving school is located. The facts as disclosed would indicate that the petitioner is an association of All Kerala Motor Driving School Instructors and Workers. According to them, by virtue of Section 8 of the Motor Vehicles Act (hereinafter referred to as 'the Act'), any person can apply for a driving licence to the licencing authority having jurisdiction in the area in which he ordinarily resides or works or where the driving school is situated.

2. The complaint of the petitioner is that by Ext.P1, the right to apply for learners driving licence within the jurisdiction of a particular area where the driving school is situated is barred or prevented. The petitioner also has produced Ext.P2, a notice which appeared in the office of the Thalassery Joint Regional Transport Officer which refers to Ext.P1 inter alia indicating that the persons who apply for learners driving licence should either be a permanent resident of Thalassery Talu















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