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Judgment
Dinesh Kumar Singh, J
The present writ petition has been filed under Article 226 of the Constitution of India for a writ of mandamus commanding the respondents not to take any coercive action against the running of the existing driving schools of the petitioner at Edavannappara, Kavanur and Areekode, as is evident from Exhibits P1, P4 and P7.
The petitioner is an accused in Crime No. 45 of 2023 of Malappuram Police Station for offences punishable under Sections 465, 466, 468 and 471 of IPC. The Investigating Officer, after conducting investigation, has filed a charge sheet against the petitioner and other accused. The petitioner along with three others were arrested by the Malappuram Police and were enlarged on bail on 27.06.2023, as per Exhibit P12 order.
Thereafter, one Mr. Firoz along with one Mr. Aboobacker has filed Exhibit P16 complaint before the Transport Commissioner of Kerala. Based on the above two complaints, the Joint Regional Transport Officer, Nilambur has issued Exhibit P25 notice directing the petitioner to be present before him within seven days along with police clearance certificate, driving school licence and aadhar card.
The learned counsel for the petitioner has confined his prayer seeking a direction to give him sufficient opportunity to submit his version before taking any coercive action against the three driving school licences. The learned Government Pleader has no objection in granting the said relief.
In view of the above, the petitioner is directed to appear before the 4th respondent within ten days from today and explain his position. The 4th respondent shall consider the same and pass appropriate orders in accordance with law after affording the petitioner an opportunity of being heard.
With the aforesaid direction, the present writ petition stands finally disposed of.
