IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 09TH DAY OF APRIL 2019/19TH CHAITHRA, 1941 WP(C).No.7164 of 2019 PETITIONER:

SAJI K.M., AGED 46 YEARS,S/O.MICHAEL.K.V., KOCHUPURAKKAL HOUSE, PATTIKAD, THRISSUR.

BY ADV. SRI.BASANT BALAJI RESPONDENTS:

1 THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE -1, THRISSUR-680 001. 2 THE REGIONAL TRANSPORT OFFICER, CHALAKUDY, THRISSUR-680 307.

3 THE ADDITIONAL LICENSING AUTHORITY/

JOINT REGIONAL TRANSPORT OFFICER, JOINT REGIONAL TRANSPORT OFFICE, CHALAKUDY, THRISUR-680307.

*ADDL.R4 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,EAST FORT, THIRUVANANTHAPURAM-695023.

* IS SUO MOTU IMPLEADED AS PER ORDER DATED 18.03.19 IN WPC

7164/19.

R1-R3 SRI P.SANTHOSH KUMAR,SPECIAL GOVERNMENT PLEADER ADDL.R4 BY ADV. SRI.P.C.CHACKO, STANDING COUNSEL, KERALA STATE ROAD TRANSPORT CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

JUDGMENT

The petitioner, who is a driver of Kerala State Road Transport Corporation (for brevity, 'KSRTC'), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 12.12.2018 of the 3^rd respondent Joint Regional Transport Officer, Chalakudy, who is the Additional Licensing Authority, whereby his driving licence bearing No.8/5969/1996 stands suspended and he is disqualified from holding that driving licence for a period of three months from 12.12.2018 to 11.03.2019, under sub- section (1) of Section 19 of the Motor Vehicles Act, 1988 (for brevity, 'the MV Act') read with Rule 21 of the Central Motor Vehicles Rules, 1989 (for brevity, 'the CMV Rules'). The petitioner has also challenged Ext.P8 order dated 25.01.2019 of the 1^st respondent Deputy Transport Commissioner, Thrissur, who is the Appellate Authority, whereby Ext.P6 appeal filed by the petitioner under sub-section (3) of Section 19 of the MV Act, against Ext.P5 order, stands rejected. The further relief sought for is a writ of mandamus commanding the 3^rd respondent to revoke the suspension of the petitioner's driving license and release the same without any endorsement or remarks.

2. On 11.03.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

3. On 18.3.2019, when this writ petition came up for consideration, after perusing Ext.P9 photograph this Court suo motu impleaded KSRTC, represented by its Managing Director as additional 4^th respondent. The learned counsel for the petitioner was directed to serve a copy of this writ petition to Sri.P.C.Chacko, the learned Standing Counsel for KSRTC.

4. On 19.3.2019, when this writ petition came up for further consideration, the learned Standing Counsel for KSRTC, sought adjournment to address arguments on the statutory requirement under the CMV Rules regarding fitment of reflectors/reflective tapes on transport vehicles.

5. On 26.03.2019, additional 4^th respondent has filed a counter affidavit. On 26.03.2019, when this writ petition came up for consideration, the learned Special Government Pleader appearing for respondents 1 to 3 sought time to get instructions as to whether for exhibition of advertisement on the vehicles owned by KSRTC, the State Government has laid down any conditions, under the first proviso to sub-rule (1) of Rule 191 of the Kerala Motor Vehicles Rules, 1989 (for brevity, 'the KMV Rules').

6. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for respondents 1 to 3 and also the learned Standing Counsel for additional 4^th respondent KSRTC.

7. According to the petitioner, on 28.11.2018, at about

10.00 pm, while he was driving KSRTC bus bearing registration No.KL-15/A-1491 of Thrissur Depot, through National Highway- 544 (old No. NH-47), the diesel pump of the vehicle failed and he had to stop the vehicle on the