Selvaraj .P v. The Regional Transport Officer / Licensing Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA P.Selvaraj .. Petitioner Vs.
1.The Regional Transport Officer/ Licensing Authority, Usilampatti, Madurai District.
2.The Inspector of Police, Checkanurani Police Station, Checkanurani, Madurai District.
(Crime No.201/2023) .. 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 original driving licence No.DL No.PB0620010002296 of the petitioner to him forthwith.
For Petitioner :
Mr.A.Balaji For Respondents :
Mr.T.Amjadkhan Government Advocate
ORDER
The petitioner seeks to issue Mandamus to the respondents to return his original driving licence bearing DL No. PB0620010002296 to him forthwith.
2. The petitioner, who is a Driver with the Tamil Nadu State Transport Corporation Ltd., had been involved in an accident on 30.05.2023, in an by which a rider of the two-wheeler fell down from his vehicle and got injuries. The petitioner has rushed to call the ambulance to give immediate medical aid to the victim, and he was taken to the Government Hospital, Usilampatti. The second respondent police was informed about the accident. Though the petitioner had pleaded that he was not at fault, the second respondent had registered an FIR against the petitioner. The second respondent had also seized the petitioner's original driving licence and handed over the same to the Motor Vehicle Inspector, who, in turn, forwarded the same to the first respondent for further action. The petitioner gave his representation on 09.06.2023 requesting to return his driving licence. Since no steps have been taken
by the first respondent to return the petitioner's licence, he has come up by way of this writ petition.
3. Learned Government Advocate appearing 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. Learned counsel for the petitioner would rely upon the decision of a Division Bench of this Court in P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, Dindigul reported in 2010 Writ L.R. 100, 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 petitioner's driving licence.
5. 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.
27.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The Regional Transport Officer/ Licensing Authority, Usilampatti, Madurai District.
2.The Inspector of Police, Checkanurani Police Station, Checkanurani, Madurai District.
P.T.ASHA, J.
abr Dated : 27.06.2023