SUBASTIAN JACOB Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The petitioner seeks to declare that Ext.P9 Circular dtd. 15/10/2009 issued by the 1st respondent is ultravires the provisions of the Motor Vehicles Act, 1988 and consequently quash the same by issuance of a writ of certiorari.

(2.) On 2/11/2000, the petitioner was granted Ext.P1 Driving Licence by the Regional Transport Officer, Puttur, Karnataka. Thereafter, the petitioner went to UAE for employment. Ext.P1 Driving Licence was valid up to 30/10/2020. From UAE, the petitioner obtained Ext.P2 Driving Licence from the licensing authority of UAE. Ext.P2 Driving Licence is valid up to 14/4/2026. The petitioner could not renew Ext.P1 Driving Licence due to Covid-19 pandemic.

(3.) The petitioner arrived in Kerala in the month of June, 2022 and applied for renewal of Ext.P1 Driving Licence on 15/7/2022. The 3rd respondent-Joint RTO renewed the licence extending its validity till 14/7/2032, as per Ext.P3. The petitioner submitted Ext.P4 application to replace his laminated Driving Licence with Smart Card Driving Licence. To the surprise of the petitioner, the petitioner was served with Ext.P6 show-cause notice dtd. 16/10/2023 which directed the petitioner to appear before the 2nd respondentJoint RTO within seven days and to furnish reply. The petitioner states that he was not in a position to appear before the 2nd respondent and therefore submitted Ext.P7 request seeking time to reply.