Madras High Court
K.Jayaraman vs The Regional Transport Officer on 9 September, 2022
Author: S.S.Sundar
Bench: S.S.Sundar
WP.No.24181/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.No.24181/2022
K.Jayaraman .. Petitioner
Vs.
The Regional Transport Officer
Regional Transport Office [RTO]
Poonamallee High Road,
Paruthipattu, Avadi
Chennai 600 071. .. Respondent
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus directing the respondents to
return the original driving license NO.DL.TN 20 20050008773 of the
petitioner by considering the representation dated 20.06.2022 and
08.08.2022 of the petitioner.
For Petitioner : Mr.N.Suriyamuthu
For Respondent : Mr.P.Balathandayutham
Spl.Govt.Pleader
https://www.mhc.tn.gov.in/judis 1
WP.No.24181/2022
ORDER
(1) This writ petition has been filed seeking for issuance of writ of mandamus directing the respondent to return the original driving license bearing D.L.NO.TN 20 20050008773to the petitioner forthwith to the petitioner by considering his representations dated 20.06.2022 and 08.08.2022 respectively. (2) Brief facts that are necessary for disposal of this writ petition are as follows.
(3) The petitioner is working in the Metropolitan Transport Corporation as a driver. On 20.06.2022, while the petitioner was on duty as a driver, the bus driven by the petitioner met with an accident and as a result of which, a passenger by name Tamilmaran, died. On the same day, FIR in Crime No.519/2022 was registered against the petitioner for the alleged offences under Section 304[A] IPC by T6 Avadi Police Station. Pursuant to the registration of the complaint, it is stated by the petitioner that the driving license of the petitioner was seized by the respondent. The grievance of the petitioner is that impounding or seizure of the https://www.mhc.tn.gov.in/judis 2 WP.No.24181/2022 driving license even before an adjudication under the Motor Vehicles Act whether to suspend or revoke the license, is improper. Since the petitioner has been deprived of a valid opportunity to establish his innocence, it is contended that the respondent has acted without jurisdiction and authority. (4) The fact that the petitioner is unable to join duty because of the seizure of the license from the petitioner is not in dispute. The power to revoke or suspend the driving license is available to the respondent under Section 19 of the Motor Vehicles Act. Even before issuing a show cause notice, the driving license was seized/impounded from the petitioner without any authority of law. (5) The petitioner is now deprived of his livelihood for want of his driving license which was taken away from him without any enquiry or an adjudication as required under section 19 of the Motor Vehicles Act. Even before initiating a proceedings which may ultimately result in suspension or revocation of license, the petitioner is now facing legal effect of punishment. https://www.mhc.tn.gov.in/judis 3 WP.No.24181/2022 (6) Therefore, this Court having regard to the admitted facts which are not seriously disputed by the respondent, is of the view that the respondent should be directed to return the original driving license of the petitioner.
(7) Accordingly, this writ petition is allowed and the respondent is directed to return the original driving license bearing D.L.NO.TN 20 20050008773 to the petitioner forthwith so as to enable him to join the duty in the Transport Corporation. No costs. However it is open to the respondent to initiate proceedings under Section 19 of Motor Vehicles Act if warranted. No costs.
09.09.2022 AP Internet : Yes https://www.mhc.tn.gov.in/judis 4 WP.No.24181/2022 S.S.SUNDAR, J., AP To The Regional Transport Officer Regional Transport Office [RTO] Poonamallee High Road, Paruthipattu, Avadi Chennai 600 071.
WP.No.24181/2022
09.09.2022 https://www.mhc.tn.gov.in/judis 5