G.Rajarajacholan v. The Regional Transport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2019
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.15476 of 2019 G.Rajarajacholan ... Petitioner Vs.
The Regional Transport Officer, The Regional Transport Office (Madurai-North), Madurai.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of mandamus directing the respondent to return the driving license of the petitioner bearing D.L.No. TN 58-20080000659 forthwith.
For Petitioner :
Mr.S.Arunachalam For Respondent :
Mr.R.Murugan Additional Government Pleader
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 58-20080000659 forthwith. 2.Heard the learned counsel for the petitioner and Mr.R.Murugan learned Additional Government Pleader, who takes notice on behalf of the respondent.
3. Learned counsel for the petitioner submits that the petitioner holds a driving license since January 2018. He is employed as Driver in the a private school. There was an allegation that on 22.06.2019 at 11.40 a.m, when he was driving bus bearing Registration No. TN-59-BK-1809, the said bus was involved in an accident. According to the learned counsel for the petitioner, due to sudden crossing of a cycle, the accident happened.
4. A case in Crime No.239 of 2019 has been registered against the petitioner before the Othakkadai Police Station to the effect that the bus dashed the bus, due to which the boys, who were riding, sustained injuries and later they died.
5. In spite his explanation regarding the aforesaid accident, the petitioners' license was seized by the authorities. Hence, the present writ petition praying for a mandamus directing the respondent to return the driving license.
6. The provisions of Section 19 of the Motor Vehicles Act, 1988, empowers the licensing authority to disqualify a person holding a driving license or revoking the same in speicified situations. Admittedly, none of the specified 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.
(2) Where an order under sub-section (1) is made the holder of a driving license shall forthwith surrender his driving license to the licensing authority making the order, if the driving license has not already been surrendered, and the licensing authority shall,- (a) if the driving license is a driving license issued under this Act, keep it until the disqualification has expired or has been removed, or (b) if the not a driving license issued under this Act, endorse the disqualification upon it and sent it to the licensing authority by which it was issued; or (c) in the case of revocation of any license, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that license.
Provided that where the driving license of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1) disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving license and return the same to the holder.
(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
8. The learned Additional Government Advocate confirms that no written orders have been passed by the authorities, after hearing the petitioner regarding any reason suspending his 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 suspension of petitioner's license by the authorities.
10. I also draw support from the order of a Division Bench of this Court in W.A(MD)No.176 of 2009 dated 22.06.2009, wherein while dealing the similar set of facts, the Bench has directed the return of the original driving license.
11.In the light of the above direction, I direct the 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 in any way will prejudice the initiative of proceedings initiated by the authorities for cancellation of license. Such proceedings, if any, shall run in their own course and be concluded in accordance with law.
13. In fine, this writ petition is allowed. No costs. Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS) To, The Regional Transport Officer, The Regional Transport Office (Madurai-North), Madurai.
+1cc to Mr.S.Arunachalam,Advocate, SR.No.75652 +1cc to the Spl.Govt.Pleader Sr.No.75230 CM W.P(MD)No.15476 of 2019 12.07.2019 NA (25.07.2019) 4P:4C