Ahamedul Kabeer v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Ahamedul Kabeer ... Petitioner /vs./ The Regional Transport Officer, Regional Transport Office, Ramanathapuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned show cause Notice No.TN65/2024/612 dated 30.09.2024 passed by the respondent and quash the same as illegal and consequently direct the respondent to return the petitioner's Original Driving License No.KL 10 20100015430 to the petitioner within stipulated time frame fixed by this Court. For Petitioner : Mr.J.John Rajadurai For Respondent : Mr.R.Suresh Kumar Additional Government Pleader 1/4

ORDER

The challenge in the writ petition is to the show cause notice issued by the respondent for impounding the petitioner's license and to return the petitioner's original driving license within the stipulated time.

2. It is the case of the petitioner that the show cause notice proceeds to declare that the petitioner guilty of charges framed against him without providing an opportunity of being heard to the holder of the license.

3. The learned Additional Government Pleader appearing on behalf of the respondent, on instructions, would submit that pursuant to the show cause notice issued to the petitioner, he had not submitted his reply for the respondent to proceed further. It is also not denied by the petitioner that an explanation has been submitted by the petitioner.

4. Hence, there shall be a direction to the petitioner to submit his explanation to the show cause notice impugned in this writ petition on or before 30.01.2025. If any explanation is submitted, the same shall be considered by the 2/4

respondent on merits and in accordance with law and thereafter pass appropriate orders. If no such explanation is made, the respondent shall treat that there is no explanation submitted by the petitioner and shall proceed in accordance with law thereafter.

5. With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Index : Yes / No 06.12.2024 Internet : Yes / No mm To The Regional Transport Officer, Regional Transport Office, Ramanathapuram District.

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K.KUMARESH BABU, J.

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