M.Najumudeen, S/O.Mohamed v. The Regional Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17855 of 2016 and W.M.P(MD)Nos.12880 and 12881 of 2016 N.Najumudeen : Petitioner Vs.

1.The Regional Transport Authority, Trichirapalli District, Trichirapalli.

2.The Motor Vehicle Inspector Grade-I, Area Office, Thiruverumbur, Trichirapalli District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent dated 10.07.2015 in Na.Ka.No.20886/A2/2015 and quash the same and consequently direct the respondents to return the petitioner's original Driving Licence in licence number TN 45 19890005511 without making any endorsements within a time frame fixed by this Court. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This is a Writ of Certiorarified Mandamus, challenging the order dated 10.07.2015, passed by the second respondent, under which, invoking the provisions of Section 21 of the Tamil Motor Vehicles Act, 1988, the petitioner has been disqualified from using the driving license for the period from 28.06.2015 to 27.09.2015.

2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4.It is the case of the petitioner that the show cause notice did not contain any date or time at which the petitioner is expected to appear before the concerned authorities and no enquiry has been conducted, before passing the final order. 5.The impugned order is passed pursuant to the notice dated 10.07.2015, under which, the petitioner has been asked to show cause as to why the driving license should not be cancelled. But, curiously, the show cause notice did not contain any date or time at which the petitioner is expected to appear before the concerned authorities. The order dated 10.07.2015 also did not explain whether show cause notice was served upon the petitioner or not. It is also seen from the order that no enquiry has been conducted, before passing the final order. Under such circumstances, the order dated 10.07.

2015, passed by the second respondent is set aside and the matter is remitted back to the first respondent and the first respondent is directed to conduct proper enquiry and to pass a reasoned final order within a period of four weeks, from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/ Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Regional Transport Authority, Trichirapalli District, Trichirapalli.

2.The Motor Vehicle Inspector Grade-I, Area Office, Thiruverumbur, Trichirapalli District.

+1 CC TO SPECIAL GOVERNMENT PLEADER SR.NO.54161 +1 CC TO MR.R.VIJAYAKUMAR, Advocate Sr.No.53737 ORDER MADE IN W.P(MD)No.17855 of 2016 and W.M.P(MD)No.12880 and 12881 of 2016 20.09.2016 SMA/SKS-RR/17/10/2016 :3P/5C