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Madras High CourtWP(MD)/8874/2023allowed

S.Paulpandian v. The Regional Transport Officer

2023-04-19Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Paulpandian .. Petitioner Vs.

1.The Regional Transport Officer, The Regional Transport Office (North), Madurai.

2.The Inspector of Police, Traffic Investigation Wing Police Station-II, Madurai.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to return the driving license of the petitioner bearing D.L.No. TN 60-19940001213 forthwith.

For Petitioner :

Mr.S.Arunachalam

For Respondents :

Mr.T.Amjadkhan Government Advocate

ORDER

This writ petition is filed for the issue of a Writ of Mandamus, directing the first respondent to return the petitioner's driving license bearing D.L.No.TN 60-19940001213 forthwith.

2. Today, it is brought to the notice of this Court an order dated 11.04.2023 passed by the Motor Vehicles Inspector, Regional Transport Office (North), Madurai, suspending the petitioner's licence for a period of 5 months and 30 days. However, the authority concerned has not given a personal hearing to the petitioner, which is mandatory under Section 19(1) of the Motor Vehicles Act, 1988. Therefore, though the writ petition has been filed for return of the petitioner's driving licence, taking into account the fact that subsequently an order has been passed on 11.04.2023 suspending the petitioner's licence without issuing the mandatory notice, this Court allows this Writ Petition, quashes the said

order dated 11.04.2023 and directs the first respondent to return the petitioner's driving licence within a period of three weeks from the date of receipt of a copy of this order. No costs. 19.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Regional Transport Officer, The Regional Transport Office (North), Madurai.

2.The Inspector of Police, Traffic Investigation Wing Police Station-II, Madurai.

P.T.ASHA, J.

abr Dated: 19.04.2023