Madras High CourtWP(MD)/2866/2022disposed of

Ramar .A v. The Deputy Transport Commissioner

2022-02-21Honourable Mr Justice C. Saravanan2 pages

WP (MD) No. 2866 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Writ Petition (MD) No.2866 of 2022 and W.M.P.(MD)Nos.2504, 2506 and 2508 of 2022 A.Ramar .. Petitioner

Versus

1.The Deputy Transport Commissioner, Office of the Deputy Transport Commissioner, RTO, Trichy (West), Trichy.

2.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Alangudi Branch, Pudukkottai Region, Pudukkottai District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in respect of the impugned order issued by the first respondent vide her proceedings in Show Cause No.TN45/2022/68, dated 19.01.2022, quash the same and consequently, to return the petitioner's original driving licence bearing No.TN55 19900000711, without any endorsement forthwith.

For Petitioner :

Mr.K.C.Maniyarasu For Respondents :

Mr.M.Prakash Additional Government Pleader

ORDER

After hearing the learned counsel for the petitioner and the learned Additional Government Pleader for respondents, this Writ Petition is allowed as the impugned order cancelling the driving licence of the petitioner on account of the petitioner's alleged involvement in the accident covered by F.I.R.No.2 of 2022, dated 02.01.2022, has been made without issuing a proper show cause notice to the petitioner in terms of Section 19(1) of the Motor Vehicles Act, 1988. Therefore, the impugned order is quashed and the matter is remitted back to the first respondent with liberty to initiate appropriate proceedings against the petitioner in accordance with https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP (MD) No. 2866 of 2022 the provisions of the Motor Vehicles Act, 1988. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) smn To 1.The Deputy Transport Commissioner, Office of the Deputy Transport Commissioner, RTO, Trichy (West), Trichy.

2.The Branch Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Alangudi Branch, Pudukkottai Region, Pudukkottai District.

+1 CC to M/s.SPL GP ( SR-7740[F] dated 22/02/2022 ) WP (MD) No.2866 of 2022 21.02.2022 MGJ(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2