← Library
Madras High CourtWP(MD)/12729/2019allowed

M.Kathiresan, v. The Regional Transport Officer

2019-06-11Honourable Dr Justice Anita Sumanth4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.12729 of 2019 M.Kathiresan ... Petitioner Vs.

1.The Regional Transport Officer, The Regional Transport Office (Madurai-South), 2.The Inspector of Police, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, ... Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus directing the first respondent to return the driving license of the petitioner bearing D.L.No. TN-59-19910008673 forthwith.

For Petitioner :

Mr.S.Arunachalam For Respondents :

Mr.A.Thiagarajan Government Advocate

O R D E R

The Petitioner prays for issuance of writ of mandamus directing the first respondent to return the driving license of the petitioner bearing D.L.No. TN-59-19910008673 forthwith.

2.Heard the learned counsel for the petitioner and Mr.A.Thiagarajan, learned Government Advocate, who takes notice on behalf of the respondents.

3. Learned counsel for the petitioner submits that the petitioner holds a driving license since November 1991. He is employed as a permanent Driver in the Tamilnadu State Transport Corporation(M) Ltd from the year 2008. There was an allegation that on 24.04.2019 at 5.30 p.m, when he was driving bus bearing Registration No. TN-58-N-1167, the said bus was involved in an accident and a passenger travelling in the bus had fallen down from the steps, sustaining injuries.

4. According to the learned counsel for the petitioner, there is neither a report nor a complaint with regard to the accident on the aforesaid date and the petitioner is categoric that the bus was not involved in any such accident or untoward incident. A case in Crime No.213 of 2019 has been registered against the petitioner before the Nagamalai Pudukkottai Police Station. The bus was called and produced for inspection.

5. In spite of his denial of the aforesaid accident, the petitioners' license was seized by the authorities. Hence, the present writ petition praying for a mandamus directing the first respondent to return the driving license.

6. The provisions of Section 19 of the Motor Vehicles Act, 1988, (In short 'Act') empower the licensing authority to disqualify a person holding a driving license or to revoke the same in specified situations. Admittedly, none of the conditions are attracted to the present case.

7.

ceased to be in such care, it may, reasons to be recorded in writing, make an order- (i) disqualifying that person for a specified period for holding or obtaining any driving license to drive all or any classes or descriptions of vehicles specified in the license; or (ii) revoke any such license.

8. Learned counsel appearing for the respondents was asked to verify with the records and confirm whether any written orders have been passed by the authorities, after hearing the petitioner, suspending the license. He confirms that no such proceedings have been initiated and no such order has been passed. 9.In the aforesaid circumstances, I see no justification for seizure of petitioners' license by the authorities, at this stage.

10. I also draw support from an order of a Division Bench of this Court in W.A(MD)No.176 of 2009 dated 22.06.2009, wherein, while dealing a similar set of facts, the Bench has directed the return of the original driving license.

11.In the light of the above discussion, I direct the 1st respondent to return the driving license to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

12. I also clarify that this order will not, in any way, prejudice the initiation of any proceedings by the authorities for cancellation of license, and such proceedings, if any, shall run their own course and be concluded in accordance with law.

13. In fine, this writ petition is allowed. No costs. SD ASSISTANT REGISTRAR ( AD I ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) CM To 1.The Regional Transport Officer, The Regional Transport Office (Madurai-South),

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, 1CC TO MR. S.ARUNACHALAM, ADVOCATE SR 68617 1CC TO THE SPL GOVT PLEADER SR 68333 KK 19/06/2019 4P 5C W.P(MD)No.12729 of 2019 11.06.2019