M.C Saran Raj v. The Regional Transport Officer,

1 W.P.(MD)NO.30784 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.30784 of 2025 M.C.Saran Raj ... Petitioner Vs.

The Regional Transport Officer, Regional Transport Office (Madurai North), Madurai District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 23.02.2024 in proceedings R.No. 4283/A4/2024 and to quash the same and direct the respondent to issue badge driving license to the petitioner. For Petitioner : Mr.M.Karthick For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader * * *

ORDER

Heard both sides.

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2 W.P.(MD)NO.30784 OF 2025 2.The petitioner applied for badge driving license. The request was rejected by the respondent vide order dated 23.02.2024 on the ground that criminal case has been registered against the petitioner. Challenging the rejection order, this writ petition has been filed. My attention is drawn to the decision reported in 2020 SCC OnLine Mad 25130 (R.Pradeepan v. Regional Transport Officer). Paragraph 7 of the said order reads as follows : "7.As seen from Rule 8 of the aforesaid Rules, only persons who are disqualified or liable to be disqualified cannot be issued with a driving license. In the case on hand, a criminal case has been registered against the petitioner, not involving the vehicle and further the petitioner has not been convicted of the alleged offences.

Admittedly, the petitioner is in possession of a valid LMV driving license and the same has also not been cancelled by the respondent. The Motor Vehicles Act and its Rules does not bar an applicant from obtaining a driving license, if any criminal case is pending against the said applicant. In the case on hand also, only the First Information Report has been registered against the petitioner and the petitioner is not a convict. The petitioner has submitted an application for obtaining badge license on 08.02.2020.

3 W.P.(MD)NO.30784 OF 2025 regard to the said application and the impugned order dated 25.02.2020, is only an order, intimating the petitioner that he is not entitled to get a badge endorsement in his driving license. But, it does not refer to the application dated 08.02.2020, submitted by the petitioner, seeking for badge endorsement in his driving license. The application, dated 08.02.2020 submitted by the petitioner for badge driving license, will have to be considered by the respondent on merits and in accordance with the statutory provisions provided for under the Motor Vehicles Act, 1988 and the corresponding rules. Instead of considering the application dated 08.02.2020 submitting by the petitioner, the respondent without any basis has intimated the petitioner that he is not entitled for badge endorsement in his driving license."

3.Respectfully applying the aforesaid approach, the order impugned in this writ petition is quashed. The respondent is directed issue badge license to the petitioner immediately. This writ petition is allowed. No costs.

27.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No SKM 3/5

4 W.P.(MD)NO.30784 OF 2025 To:

The Regional Transport Officer, Regional Transport Office (Madurai North), Madurai District.

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5 W.P.(MD)NO.30784 OF 2025 G.R.SWAMINATHAN,J.

SKM W.P.(MD)No.30784 of 2025 27.11.2025 5/5