Thirumoorthi V.T v. The Regional Transport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.10980 of 2023 V.T.Thirumoorthi ... Petitioner Vs.
1.The Regional Transport Officer, and Licensing Authority, Office of the Regional Transport Office, Transport Department, Thiruchendur, Thoothukudi District.
2.The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District.
(in Crime No.84 of 2023) ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to forthwith return petitioner's original driving license bearing DL No.TN 36 200900002456 to him within a time limit that may be fixed by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Ghandiraj Special Government Pleader
ORDER
The petitioner, who is a Driver of the Tamil Nadu State Transport Corporation Ltd., had been involved in an accident while driving a bus bearing Registration No.TN-33-N-3325 between Gopichettipalayam to Thiruchendur on 02.05.2023, as a result of which, one Muneeswaran sustained injuries and he was admitted in the Government Hospital, where he succumbed to his injuries.
2. The second respondent had registered an FIR based on the complaint of one Pandeeswaran against the petitioner in Crime No.84 of 2023, alleging that the petitioner had caused the accident. Thereafter, the Transport Corporation had initiated disciplinary action against the petitioner and kept him under suspension. While so, the second respondent had seized the petitioner's original driving licence and forwarded the same to the first respondent for further action. The
petitioner would submit that impounding of his driving licence without issuing notice is against the principles of natural justice. Therefore, this writ petition.
3. The learned Government Advocate for the respondents would submit that Section 19 of the Motor Vehicles Act, 1988 empowers the Licensing Authority to disqualify a person or revoke the licence for the contingencies set out therein, which include "it is being used or used in commission of a cognizable offence".
4. Heard the learned counsels on either side.
5. A Division Bench of this Court in the case of P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, Dindigul reported in 2010 Writ L.R. 100, was dealing with the similar issue, wherein a question was raised as to whether mere registration of a criminal complaint was enough to revoke a driving licence. The Bench considering Section 19(1) of the Motor Vehicles Act extensively held as follows:
"8. A bare reading of Section 19(1) shows that the Licensing Authority has the power to revoke any licence or disqualify a person for a specified period from holding or obtaining a driving licence, if any of the contingencies prescribed in Clauses (a) to (h) of Sub Section (1) of Section 19 arises. Moreover, the power under Section 19(1) can be invoked only after giving an opportunity of being heard to the holder of the licence and for reasons to be recorded in writing."
In the light of the above, the first respondent has no authority to retain the driving licence.
6. For the above reasons, the writ petition is allowed. The first respondent is directed to return the petitioner's original driving licence within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.
06.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes
To 1.The Regional Transport Officer, and Licensing Authority, Office of the Regional Transport Office, Transport Department, Thiruchendur, Thoothukudi District.
2.The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District.
P.T.ASHA, J.
cp Dated: 06.06.2023