K.Saravanan v. State Rep.By The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.25858 of 2021 and W.M.P.No.27336 of 2021 K.Saravanan

...Petitioner

Vs 1.State represented by The Secretary, Transport Department, Fort St.George, Chennai - 600 009.

2.The Regional Transport Officer, Licensing Authority, Office of the Regional Transport Authority, Perambalur, Perambalur District.

... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings being Show Cause No.TN46/2021/659 dated 24.09.2021 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to restore the Driving License No.TN28 19860001473 of the petitioner suspended for a period from 16.08.2021 to 15.02.2022 (5 months and 30 days). For Petitioner : Mr.S.Udayakumar For Respondents: Mr.T.K.Saravanan Government Advocate

ORDER

This Writ Petition is filed seeking for a direction to call for the records relating to the impugned proceedings being Show Cause No.TN46/2021/659 dated 24.09.2021 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to restore the Driving License No.TN28 19860001473 of the petitioner suspended for a period from 16.08.2021 to 15.02.2022 (5 months and 30 days).

2. Mr.T.K.Saravanan, learned Government Advocate appearing for the respondents submitted that already the punishment period is over and if the petitioner is aggrieved, he has to prefer appeal under Section 19(3) of the Motor Vehicles Act, 1988. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to file an appeal within a period of 30 days from the date of receipt of a copy of this order.

4. In view of the above, the Writ Petition is dismissed. It is open to the petitioner to file appeal within a period of two

(2) weeks from the date of receipt of a copy of this order. If any such appeal is filed, the Deputy Transport Commissioner, Tiruchirapalli is directed to consider the same and pass orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rst To:

1. The Secretary, Transport Department, Fort St.George, Chennai - 600 009.

2.The Regional Transport Officer, Licensing Authority, Office of the Regional Transport Authority, Perambalur, Perambalur District.

Copy to:

The Deputy Transport Corporation, Tiruchirapalli.

+1 cc to Mr.S.Udayakumar, Advocate Sr.NO. 15213 +1 cc to Government Pleader Sr.NO. 15849 W.P.No.25858 of 2021 and W.M.P.No.27336 of 2021 gpl(CO) A.SK(01/04/2022) https://hcservices.ecourts.gov.in/hcservices/