P.Tamilselvan, v. The Regional Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.[MD]No.13173 of 2019 P.Tamilselvan ... Petitioner Vs.
1.The Regional Transport Officer, Regional Transport Office, Collectorate Campus, Thanthonimalai, Karur.
2.The Regional Transport Officer, Regional Transport Unit Office, Kulithalai, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to return the petitioner's Original Driving License bearing No.TN 47 2008 0006946 to the petitioner forthwith. For Petitioner : Mr.C.Prakasam For Respondents : Mr.S.Angappan 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-47-2008 0006946, forthwith. 2.Heard the learned counsel for the petitioner and Mr.S.Angappan, 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 October 2008. He is employed as a Driver in a private concern, K.S.Bus Service, from the year 2015. On 15.05.2019, when the petitioner was driving bus bearing Registration No.TN-34-R-1699 and proceeding from Karur to Trichy Main Road at Veerarakkiyam Iyengar Bakery about 05.30 p.m., an accident had occurred involving a Motorbike. One person was injured and thereafter passed away in the hospital and an other one injured.
4.A case in Crime No.96 of 2019 has been registered against the petitioner before the Mayanoor Police Station, Karur District. The petitioner alleges that the FIR has been falsely registered on 16.05.2019, though the incident had occurred on 15.05.2019, at 05.30 p.m. He also denies that there has been any negligence on his part
reiterating that he had been following the traffic rules and regulations scrupulously. The bus was called for 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.
(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 on the basis of oral instructions that proceedings are ongoing for confiscation, but no speaking order has been passed in terms of Section 19(1) of the Act, thus far.
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 the case of S.Murugesan vs. the Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy, 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. The petitioner shall also cooperate in the event proceedings are initiated by the authorities and shall appear and cause production of the vehicle concerned, as and when required by the authorities.
13. In fine, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS)
To 1.The Regional Transport Officer, Regional Transport Office, Collectorate Campus, Thanthonimalai, Karur.
2.The Regional Transport Officer, Regional Transport Unit Office, Kulithalai, Karur District.
+1cc to Mr.C.PRAKASAM, Advocate, SR.No.69838 +1cc to M/s.Special Government Pleader,SR.No.70071 W.P.[MD]No.13173 of 2019 19.06.2019 MR KK/SAR/20.06.2019/4P-5C