IMPORTANT POINTS
The responsibility and functions of the Road Safety Council constituted in terms of Section 215 of the Motor Vehicles Act will be as recommended by the Committee on Road Safety constituted as per the order dated 22.04.2014 and Road Safety Councils should periodically review the laws and take appropriate remedial steps whenever necessary.

JUDGMENT :

1. The petitioner, who is the holder of a driving licence bearing No.40/1552/2007, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 order dated 03.07.2019 of the 4th respondent Joint Regional Transport Authority, who is the Licensing Authority; and for a declaration that Ext.P5 Circular No.21/2008 dated 02.08.2008 of the 1st respondent Transport Commissioner as to the action to be taken against over-speeding of drivers and other offences and imposition of punishment, etc. is illegal and contrary to the statutory provisions and void ab initio. The petitioner has also sought for a declaration that he can drive vehicle on the strength of licence No.40/1552/2007.

2. On 22.07.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

3. On 25.07.2019, the learned Government Pleader submitted that, a statement of the 5th respondent shall be placed on record. On 29.07.2019, the 5th respondent has filed a counter affidavit, opposing the reliefs sought for in this writ petition.

4. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

5. The main issue that arises for consideration in this writ petition is as to whether Ext.P4 order passed by the 4th respondent, in exercise of his powers under sub-section (1) of Section 19 of the Motor Vehicles Act 1988, can be sustained in law.

6. The pleadings and materials on record would show that, on 17.05.2019, an accident occurred while the petitioner was driving a motor car bearing registration No.KL-07/BV-2345. While the petitioner was taking the vehicle from the parking area of an apartment by name 'Providence Grove', the right side back wheel of the vehicle hit the left leg of one Daya Lakshmi K.R., who sustained fracture. In connection with that motor accident, Crime No.1136 of 2019 of Central Police Station, Kochi is registered against the petitioner, alleging commission of offences punishable under Section 279 [rash driving on a public way] and Section 338 [causing grievous hurt by act endangering life or personal safety of others] of the Indian Penal Code, 1860. Ext.P1 is the FIR in Crime No.1136 of 2019.

7. The petitioner was issued with Ext.P2 show-cause notice dated 29.06.2019 issued under sub-section (1) of Section 19 of the Motor Vehicles Act, read with Rule 21 of the Central Motor Vehicles Rules, 1989. The petitioner submitted Ext.P3 reply dated 03.07.2019. Thereafter, the 4th respondent passed Ext.P4 order dated 03.07.2019, whereby, in exercise of the powers under sub-section (1) of Section 19 of the Motor Vehicles Act, read with Rule 21 of the Central Motor Vehicles Rules, the 4th respondent Licensing Authority suspended the driving licence of the petitioner for a period of one month, i.e, from 03.07.2019 to 02.08.2019. In Ext.P4 order, the 4th respondent has also referred to Ext.P5 circular, i.e., Circular No.21/2008 issued by the 1st respondent Transport Commissioner. Ext.P4 order of the 4th respondent reads thus:

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8. The power of the Licensing Authority to suspend the driving licence of a person, invoking the provisions under sub-section (1) of Section 19 of the Act, came up for consideration before this Court in Santu Thomas v. Joint Regional Transport Officer [2018 (1) KHC 437], wherein this Court held that satisfaction of the Licensing Authority, after giving the holder of such licence an opportunity of being heard, of the existence of any of the circumstances made mention in clauses (a) to (h) of sub-section (1) of Section 19 of the Motor Vehicles Act is a pre-requisite to disqualify a person from holding a driving licence or to revoke such licence under sub-section (1). Further, the Licensing Authority has to record the reasons in writing for disqualifying a person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions o