Kerala High Court
WP(C)/13941/2025 of MUHAMMED RAMSHAD A., Vs STATE OF KERALA, on 4 April 2025
W.P (C) No.13941/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13941 OF 2025 PETITIONER/S: MUHAMMED RAMSHAD A . AGED 26 YEARS, SON OF UMMER, ALAKKAL HOUSE, PALAKKADAVU,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 13941 OF 2025
PETITIONER/S:
MUHAMMED RAMSHAD A.
AGED 26 YEARS, SON OF UMMER,
ALAKKAL HOUSE, PALAKKADAVU, KARKKIDAMKUNNU P.O., ALANALLUR, PALAKKAD,, PIN - 678601
BY ADVS.
P.K.NIJOY
C.PRABITHA
REJOICE B.CHEMBAKASSERIL
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR
VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
THE TRANSPORT COMMISSIONER
TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, THYCAUD.P.O., VAZHUTHACAUD,THIRUVANANTHAPURAM, PIN - 695014
THE REGIONAL TRANSPORT OFFICER
OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL
STATION, UPHILL, MALAPPURAM, PIN - 676505
OTHER PRESENT:
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
J U D G M E N T
The petitioner has approached this court being aggrieved by the fact that a show cause notice has been issued to the petitioner calling upon the petitioner to show cause as to why the registration of the vehicle belonging to the petitioner having registration No.KL-10AX-2605 should not be cancelled on the ground that a minor was found using the vehicle.
2. The learned counsel for the petitioner submits that the petitioner had entrusted the vehicle to his friend whose younger brother had unauthorisedly used the vehicle leading to the issuance of Ext.P3 show cause notice. It is submitted that the petitioner had submitted Ext.P4 reply and has also appeared before the authorities.
3. The learned Government Pleader submits that since Ext.P3 is only a show cause notice, the same cannot be challenged in a writ petition under Article 226 of the Constitution of India especially when the petitioner has no case that the same is issued without jurisdiction. It is submitted that the petitioner will have to wait for orders to be passed before raising any challenge to the proceedings initiated against the petitioner.
4. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that there is considerable merit in the contention taken by the learned Government Pleader that since Ext.P3 is only a show cause notice, the petitioner will have to wait for adjudication of the show cause notice before raising any challenge to the proceedings. There is no case for the petitioner that Ext.P3 is issued without jurisdiction. The petitioner has already filed a reply to Ext.P3 and final orders are yet to be issued. In such circumstances it would not be appropriate for this court to interfere with Ext.P3 show cause notice. Accordingly this writ petition will stand dismissed leaving open all contentions taken by the petitioner and reserving the liberty of the petitioner to challenge any final order that may be passed pursuant to the adjudication, if the said order is against him in any manner. Sd/- GOPINATH P. JUDGE AMG
APPENDIX OF WP(C) 13941/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE Exhibit P2 TRUE COPY OF THE FIR WHICH WAS NUMBERED AS CRIME NO. 927 OF 2023 OF THE MELATTUR POLICE STATION DATED 4-10-2023 Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 24- 11-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 3-1- 2023 [SIC] SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE NOTICE DATED 24-2-2025 ISSUED TO THE PETITIONER FROM THE 3RD RESPONDENT