Judicial interference in administrative show cause notices is limited; relevant authorities should adjudicate merits before courts engage.

JUDGMENT

Anil K. Narendran, J.

The appellant filed W.P.(C)No.38332 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P11 notice dated 22.08.2025 issued by the 3^rd respondent Joint Regional Transport Officer, Sub Regional Transport Office, Vaikom, and a writ of mandamus commanding the 3^rd respondent not to take any further steps pursuant to Ext.P11 or on the basis of the reports of the 2^nd respondent Station House Officer, Ettumanoor Police Station.

2. The appellant-petitioner is the holder of driving licence bearing No.KL36 20180002278 issued from the office of the Sub Regional Transport Office, Vaikom. He was issued with Ext.P11 notice dated 22.08.2025 by the 3^rd respondent Joint Regional Transport Officer in the Sub Regional Transport Office, Vaikom, the Licensing Authority. Ext.P11 notice was in continuation of a show cause notice dated 03.06.2025 issued by the Licensing Authority, invoking the provisions under Section 16 of the Motor Vehicles Act, 1988 , for revoking the driving licence of the petitioner, on the ground stated therein. The said show cause notice was issued in connection with an incident that happened on 20.03.2025, while the petitioner was riding a motorcycle bearing Registration No.KL-05/BA-3253. In connection with the said incident, which alleged to have occurred on 20.03.2025 at 6.00 p.m. near the private bus stand, Ettumanoor, a crime has been registered against the appellant-petitioner as Crime No.379 of 2025 of Ettumanoor Police Station, as evident from Ext.P3 First Information Report dated 20.03.2025, alleging an offence punishable under Section 118(a) of the Kerala Police Act, 2011. Regarding the very same incident, Crime No.390 of 2025 of Ettumanoor Police Station has been registered against the appellant-petitioner, as evident from Ext.P4 First Information Report dated 24.03.2025, based on the First Information Statement given by the driver of a stage carriage bearing Registration No.KL-05/AM-9018 alleging an offence punishable under Section 296(b), 351/1 and 118 of Bharatiya Nyaya Sanhita, 2023.

3. The document marked as Ext.P1 is a copy of wound certificate dated 20.03.2025 issued from the Government Medical College Hospital, Kottayam, regarding the injuries sustained by the appellant-petitioner on account of an alleged assault by police near Ettumanoor bus stand on 20.03.2025. Ext.P2 is a copy of the out-patient ticket dated 20.03.2025 issued from the Government Medical College Hospital, Kottayam. The document marked as Ext.P5 is a video clipping evidencing the alleged custodial assault and Ext.P6 is a video clipping of the news report that appeared on Asianet News on 08.09.2025 regarding the said incident. Ext.P7 is a copy of an affidavit dated 14.05.2025 sworn to by a Psychiatrist of Metro Mind Centre for Neuropsychiatry, Kalamassery. Ext.P8 is a copy of order dated 21.08.2025 in O.P.No.161 of 2025 of the Advisory Board under the Kerala Anti- Social Activities (Prevention) Act, 2007, whereby the externment order dated 14.07.2025 passed against the appellant-petitioner, by the Deputy Inspector General of Police, Ernakulam Range, under Section 15 (1)(b) of the said Act considering Crime No.1266 of 2019 of Kottayam West Police Station, Crime No.155 of 2024 of Chingavanam Police Station and Crime No.390 of 2025 of Ettumanoor Police Station (Ext.P4 FIR), was annulled under (2) of the said Act, for the reasons stated by the Advisory Board in Ext.P8 order. Ext.P9 is a copy of complaint dated 01.09.2025 made by the appellant-petitioner before the Deputy Superintendent of Police, Kottayam alleging custod