D.Boopathi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-03-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 9559 of 2026 AND WMP Nos.10305 & 10308 OF 2026 D.Boopathi Petitioner(s) Vs
1. The Inspector Of Police J-2, Adyar, Traffic Investigation Wing, Chennai South, LB Road, near Indira Nagar, Adayar, Chennai- 600 020.
2.The Regional Transport Officer Licensing Authority, Office of the Regional Transport Authority, RTOChennai South, Thiruvanmiyur, Chennai- 041.
Respondent(s) PRAYER Calling for the records pertaining to the order dated 20.02.2026 passed by the second respondent in File No.TN 07/ 2026/ 129 quash the same and Consequently direct the third respondent to return forthwith petitioner original license bearing No.TN01 20010004722 without any endorsement. For Petitioner(s):
Mr.S.Sakthivel For Respondent(s):
Mr.V.Meganathan Govt.Advocate (crl.side) For R1 Mr.M.Shahjahan,SGP For R2
ORDER
The petitioner has challenged the impugned show cause notice dated 20.02.2026 issued by the second respondent.
2.The petitioner is a bus driver with the Metropolitan Transport Corporation, Chennai. The petitioner as a driver is said to have caused a fatal accident and an FIR has been registered against him. Pursuant to the same, the impugned show cause notice has been issued by the respondents calling upon him to submit an explanation as to why his driving licence should not be cancelled. Even before sending a reply to the impugned show cause notice, the petitioner has filed this writ petition. The petitioner categorically contends that he is not at fault for causing the fatal accident. He also contends that mere registration of FIR will not enable the respondents to cancel the petitioner's driving licence.
3.Learned counsel for the petitioner relies upon certain decisions rendered by this Court in support of the petitioner's contention that mere registration of FIR will not enable the respondents to cancel the driving licence.
4.This Court is not expressing any opinion with regard to the decisions relied upon by the learned counsel for the petitioner. 5.Since the petitioner has challenged only a show cause notice, the petitioner will have to necessarily send a reply to the same raising all contentions that have been raised by him in this writ petition. Necessarily, the objections raised by the petitioner through his reply will have to be considered by the respondents before passing final orders with regard to the cancellation of the petitioner's driving licence. Only if a show cause notice is issued without authority under law or issued without jurisdiction or it has predetermined the issue, the question of interference by this Court will arise. 6.
Since the impugned show cause notice has been issued by the respondents only due to the fact that the petitioner as a driver has caused the fatal accident and an FIR is pending against him, the petitioner has not satisfied the aforesaid tests for challenging the show cause notice. 7.In view of the same, this writ petition is disposed of by directing the petitioner to submit his reply to the impugned show cause notice dated 20.02.
order. On receipt of the same, the respondents shall consider the said reply/objection, on merits and in accordance with law and only thereafter, after giving due consideration to the same, pass final orders with regard to the proposal to cancel the petitioner's driving licence and the said final order shall be passed within a period of 4 weeks from the date of receipt of the reply from the petitioner. Consequently, connected WMPs are closed. No costs. 27-03-2026 vga Note: Issue order copy on 30.03.2026
To 1.The Inspector Of Police J-2, Adyar, Traffic Investigation Wing, Chennai South, LB Road, near Indira Nagar, Adayar, Chennai- 600 020.
2.The Regional Transport Officer Licensing Authority, Office of the Regional Transport Authority, RTOChennai South, Thiruvanmiyur, Chennai- 041.
ABDUL QUDDHOSE J.
vga AND WMP NO. 10308 OF 2026,WMP NO.
10305 OF 2026 27-03-2026