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2022 Supreme(Online)(KER) 8952
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943 WP(C) NO. 27094 OF 2021 PETITIONER:
HAMZA K.K,AGED 60 YEARS,S/O. ABOOBACKER, BISMILLA MANZIL, KOLATTU PARAMBA, KOVUR P.O., MEDICAL COLLEGE, KOZHIKODE-673008.
BY ADV NIREESH MATHEW RESPONDENTS:
1 STATE OF KERALA,REP. BY SECRETARY, MINISTRY OF ROAD AND TRANSPORT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE TRANSPORT COMMISSIONER, ,TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695014.
3 THE LICENSING AUTHORITY, THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOZHIKODE-673020.
GP SRI.SHAMEER P.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Petitioner is the holder of a licence for conducting a driving school. The licence (Ext P1) bearing No.11/10/1989 is currently valid up to
06.12.2024.
2. Alleging that on 01.11.2021 the User ID and Password of Parivahan Sarthi portal of one of the Motor Vehicle Inspectors of Kozhikode Regional Transport Office was unlawfully accessed and the driving licence of one Vinod Kumar @ Vinod Kovur was renewed, a crime was registered as Crime No.3/2021 of Cyber Police Station, Kozhikode City. On the statement of Sri.Vinod Kumar @ Vinod Kovur, a raid was conducted in the driving school owned by the petitioner. The illegal access is allegedly done through the computer at the petitioner's driving school.
3. Consequent thereto, Ext P3 show cause notice was issued to the petitioner by the 3rd respondent as to why the petitioner's licence for the driving school should not be suspended. Thereafter Ext P4 order was passed by the 3rd respondent suspending the licence for a period of one year from 06.05.2021 to 05.05.2022 under Rule 28 of the Centre Motor Vehicles Rules.
4. Challenging Ext P4 order, the petitioner filed Ext P5 appeal before the 2nd respondent. As per Ext P6 order the appeal was dismissed affirming Ext P5 order. It is challenging the same that the petitioner has approached this Court.
5. Heard Sri.Gajendra Singh Rajpurohit, the learned counsel for the petitioner, and Sri. Shameer P.M, the learned senior Government Pleader.
6. No doubt, the offence alleged is grave in nature. It appears that there is no allegation that the petitioner had done the illegal access in the portal and had the renewed licence in question. The petitioner had been conducting driving school for the last approximately 30 years. As of now, there is no material to show that there were any imputations or allegations of violations against the driving school. The licence has been under suspension from
06.05.2021.
Considering the entire materials, I am of the opinion that the period of suspension could be confined up to 31.03.2022. Ext.P4 order will stand modified accordingly. However, it is clarified that the present direction shall not in any manner affect the other proceedings initiated against the petitioner.
Sd/-
Sathish Ninan, Judge
APPENDIX OF WP(C) 27094/2021 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE LICENSE FOR THE ESTABLISHMENT OF A MOTOR DRIVING SCHOOL ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.3/2020 OF CYBER CRIME POLICE STATION, KOZHIKODE CITY.
Exhibit P3 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 21.4.2021 ISSUED BY THE
3RD RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO.L6/5553/2021 DATED 26.4.2021 PASSED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM DATED 18.6.2021 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE ORDER NO.C5/448/2021/T.C. DATED 10.8.2021 PASSED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE PHOTOCOPY OF THE REPRESENTATION NIL DATED SUBMITTED BEFORE THE HON'BLE MINISTER FOR TRANSPORT.
