MUNEER K K Vs. THE ADDITIONAL LICENSING AUTHORITY

JUDGEMENT

(1.) The petitioner, who is the holder of Ext.p1 driving licence which authorises him to drive non transport and transport vehicles, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 6.6.2018 of the respondent Additional Licencing Authority, Angamaly, and seeking a writ of mandamus commanding the respondent to re-consider the matter afresh after affording the petitioner an opportunity as expeditiously as possible within a time period to be fixed by this Court.

(2.) On 5.7.2018 when this writ petition was taken up for consideration, the learned Government Pleader was directed to get instructions as to whether Ext.P5 order is one passed by the respondent after conducting personal hearing.

(3.) A statement has been filed on behalf of the respondent, which was followed by reply affidavit filed by the petitioner. Along with the reply affidavit the petitioner has produced Ext.P6 complaint dated 30.4.2018 made before the Transport Commissioner wherein the petitioner has pointed out that though he had appeared before the respondent on 30.4.2018 no personal hearing was conducted. Ext.P7 receipt issued by the Postal Department would show that Ext.P6 complaint was sent through speed post on 5.5.2018.