N.Balamurugan v. The Licensing Authority Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD N.Balamurugan ... Petitioner vs.

1. The Licensing Authority cum Regional Transport Officer, Sathuvaachaari, Vellore.

2. The Inspector of Police, Virinchipuram Police Station, Vellore.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondents to return the original Driving License DL TN29 20060000809 based on the petitioner representation dated 27.12.2024 to fix time frame. For Petitioner : Mr.M.Selvam For R1 : Mr.N.Naveenkumar Govt.Advocate For R2 : Mr.R.Kishore Kumar Govt.Advocate (Crl.side) Page No.1 of 6

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The present writ petition has been filed to issue a writ of mandamus directing the second respondent to return the original driving license (DL No.TN 29 20060000809 ) based on the representation of the petitioner dated 27.12.2024.

3. It is the case of the petitioner that he is a Driver in the Tamil Nadu State Express Transport Corporation, Vellore. On 10.12.2024, when the petitioner was driving the vehicle, a fatal accident occurred. Pursuant to the same, an FIR was registered in Crime.No.354 of 2024 for offence under Sections 106 (1) & 281 of BNS Act, It is brought to the notice of this Court that the investigation is pending. The second respondent police after registration of the FIR collected the original driving license from the petitioner and it was sent to the first respondent, who is said to have recommended for the cancellation of the driving license. Thereafter, the petitioner has given a representation dated 27.12.2024 to the first Page No.2 of 6

respondent requesting for returning back the original driving license. Since the same was not considered, the petitioner has come forward with the present writ petition.

4. Heard the learned counsel appearing on either side and also perused the materials available on records.

5. The issue involved in the present writ petition is squarely covered by the earlier order passed by this Court in W.P.No.21843 of 2021 dated 06.10.2021. The relevant portions in the order are extracted hereunder:-

4. The issue involved in the present writ petition is covered by the earlier order passed by this Court in W.P.(MD) No.8792 of 2021 dated 29.04.2021. The relevant portions of the order are extracted hereunder:- " 6.The issue that is involved in the present writ petition is squarely covered by the earlier orders passed by this Court, wherein, this Court has consistently taken the view that, without passing orders under Section 19(1) of the Motor Vehicles Act, the original driving licence cannot be permanently impounded. It will be useful to extract one such order passed by this Court in W.P.(MD).No.3527 of 2020, dated 21.02.2020.

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"7.It is settled law that until the licence or any certificate issued by the competent authority is cancelled or suspended or revoked in the manner known to law, it is deemed to be in force. The impounding of licence will come only after passing of the order as per the relevant provisions of the statute, in this case, under Section 19 of the Motor Vehicles, Act, 1988.

8. In similar circumstances, a Division Bench of this Court, in P.Sethuram v. The Licensing Authority, The Regional Transport Officer, Dindigul, reported in 201 Writ L.R.100, held that even before passing the order under Section 19 of the Motor Vehicles Act, 1988, if driving licence is impounded, it amounts to pre~determination of the issue and the authority has no jurisdiction to do so.

9. I do also respectfully agree with the views of the Division Bench of this Court and in the instant case, the respondents have no power to impound the driving licence of the petitioner and retain it with him. The petitioner is a driver and he is entitled to use the licence till it is legally cancelled or suspended.

10.In such circumstances, a direction is issued to the first respondent. The Regional Transport Officer, Trichy District, to return the original driving licence bearing D.L.No.TN5019920000594 to the petitioner forthwith, on receipt of a copy of this order."

Page No.4 of 6

5. In view of the above, there shall be a direction to the first respondent to return the original Driving Licence No. TN2819950002495 to the petitioner forthwith on receipt of a copy of this order. With the above directions, this writ petition is disposed of. No costs.

6. In view of the above, the second respondent is directed to return back the original Driving License bearing D.L.No. TN29 20060000809 based on the representation of the petitioner dated 27.12.2024, forthwith on receipt of a copy of this order.

7. This writ petition is disposed of with the above direction. No costs.

19.02.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd Page No.5 of 6

J.SATHYA NARAYANA PRASAD, J.

kkd To

1. The Licensing Authority cum Regional Transport Officer, Sathuvaachaari, Vellore.

2. The Inspector of Police, Virinchipuram Police Station, Vellore.

19.02.2025 Page No.6 of 6