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M/S.HI-TECH DRIVING SCHOOL PVT. LTD v. REGIONAL TRANSPORT OFFICER (LICENSING - WP(C) No. 14416 of 2004(N) [2007] RD-KL 5822 (21 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14416 of 2004(N)

1. M/S.HI-TECH DRIVING SCHOOL PVT. LTD.
... Petitioner

Vs

1. REGIONAL TRANSPORT OFFICER (LICENSING
... Respondent

For Petitioner :SRI.MURALI PURUSHOTHAMAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :21/03/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.


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W.P.(C)Nos.14416 OF 2004 & 15614 OF 2003
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Dated this the 21th day of March 2007



JUDGMENT

The driving school license issued to the petitioner was cancelled for the main reason that common instructor was engaged by petitioner's driving school at Vyttila and another driving school which is located more than 30 kms. away from Vyttila. Obviously, a common instructor serving at two places separated by a distance of more than 30 kms. cannot effectively impart training to the trainees. In order to ensure availability of qualified hands for imparting training in the driving school, Rules provided for display of their names and addresses in the driving school. During pendency of these writ petitions, the petitioner was allowed to run the driving school and according to the petitioner, petitioner is conducting driving school with required number of qualified instructors after displaying their names in the school.

2. In the circumstances, Ext.P8 in W.P.(C)15614 of 2003 is quashed and there will be a direction to the R.T.O. and the Police to conduct inspection at any time and if petitioner is not W.P.(C)Nos.14416 OF 2004 & 15614 OF 2003 maintaining the driving school as per Rules, license granted can be cancelled. Since license is restored, the first respondent/R.T.O. will consider petitioner's application for shifting office of the driving school. Writ petitions are disposed of as above.

C.N.RAMACHANDRAN NAIR, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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