S.K. PREMRAJ MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) INTERFERENCE declined by the learned Single Judge with regard to the challenge raised by the appellant/writ petitioner against Ext. P1 'show -cause memo' is the subject matter of challenge in the writ petition.

(2.) ADMITTEDLY , appellant is the owner of the vehicle bearing No. KL -07/BW 7495, which was being driven on an excessive speed of 96 km/h on 31.03.2014, as captured by the camera installed by concerned Department on the route. The appellant was served with Ext. P1 memo asking him to show cause, if any explanation was there with regard to the offence committed under Section 183(1) of the Motor Vehicles Act, 1988. Appellant was also let known as per Ext. P1, that he would be at liberty to have the offence compounded in terms of Section 200 of the Motor Vehicles Act by paying a sum of Rs. 400/ - to any of the Regional Transport Officer/Sub Regional Transport Office in the State of Kerala. Being aggrieved by the said notice, the appellant/petitioner approached this Court by filing the writ petition, challenging the course and events pursued by the concerned respondents. After hearing the petitioner, the learned Single Judge observed that the act pursued by the concerned authorities was perfectly within the four wall of law. Accordingly, interference was declined and the writ petition was dismissed, which led to the appeal.

(3.) TO have proper analysis and appreciation of the issue projected herein, it is necessary to have a look at Section 112 and Section 183 of the Motor Vehicles Act, which are extracted below: