Madras High Court
S.Murugan vs The Licensing Authority / on 30 July, 2018
Author: M.Govindaraj
Bench: M.Govindaraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.07.2018
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.(MD)No.14968 of 2018
and
W.M.P.(MD).No.13529 of 2018
S.Murugan .. Petitioner
Vs.
1.The Licensing Authority /
Regional Transport Officer,
Madurai North,
Madurai.
2.The Motor Vehicle Inspector,
Regional Transport Office,
Transport Department,
Melur,
Madurai District.
3.The Inspector of Police,
Alanganallur Police Station,
Madurai District. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents herein
to return the petitioner's original driving license bearing DL No.TN59
19900005546 to the petitioner within a stipulated time.
!For Petitioner : Mr.A.Rahul
For Respondents : Mrs.J.Padmavathi Devi
Special Government Pleader
:ORDER
The petitioner is a driver working under the Tamil Nadu State Transport Corporation (Madurai) Limited from the year 2008. On 04.07.2018 while he was operating the passenger bus bearing Registration No.TN-58-N-1342 an accident had happened, in which a two wheeler rider was hit against the bus and the rider suffered grievous injuries and he was taken to the hospital and later, he succumbed to the injuries. Pursuant to the first information given before the third respondent, a case was registered against the petitioner in Crime No.204 of 2018 under Sections 304-A IPC and subsequently, his license was seized and forwarded to the first respondent for suspension. But, so far the first respondent has not passed any orders suspending the license either temporarily or permanently. As per Section 19(1) of the Motor Vehicles Act, 1988, without passing any orders, the first respondent has no authority to retain the license. On making such averments, the petitioner is before this Court seeking a direction to the first respondent to return the license.
2. On instructions, the learned Special Government Pleader would submit that the original license of the petitioner was not forwarded to the first respondent and the first respondent has not taken any action on the basis of the letter communicated by the third respondent.
3. I have considered the above submissions made by both the parties.
4. As per Sub-sections (1) and (2) of Section 206 of the Motor Vehicles Act, the Police Officer for the reason to believe that the document produced by them is false or that the driver is likely to abscond or avoid summons to appear before him, may seize the license and forward the same to the competent jurisdictional Magistrate. On the first appearance and on the basis of the application made by the licensee, the Magistrate may direct the Police Officer or any person authorised to return the license in exchange of temporary acknowledgment given under sub-section (3). As per Sub-section 3 of Section 206 of the Motor Vehicles Act, the Police Officer or the person authorised shall issue a temporary acknowledgment to the licensee permitting him to drive the vehicle upto a specific period or until the license is returned to him. The date specified in the acknowledgment may be extended by the concerned jurisdictional Magistrate or Police Officer or authorised person for the reasons to be recorded.
5. In the instant case, the petitioner was not given any temporary acknowledgment authorising him to drive any vehicle. It is also apparent that the first respondent has not taken any action under Section 19 of the Motor Vehicles Act nor revoked the license of the petitioner in contemplation of the proceeding to be initiated under Section 19(1) of the Motor Vehicles Act. In such circumstances, without there being any order of suspension or revocation or disqualifying the petitioner from driving the the vehicle for a specified period, the authority cannot impound the license. Hence, I am of the view that the third respondent may be directed to forward the original license to the concerned jurisdictional Magistrate Court so as to enable the petitioner to file an application for return of license as provided under Section 206 (1) to (3) of the Motor Vehicles Act.
6. In view of the above, the third respondent is directed to forward the original driving license of the petitioner to the concerned jurisdictional Magistrate Court so as to enable the petitioner to make an application for return of license, within a period of one week from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Licensing Authority / Regional Transport Officer, Madurai North, Madurai.
2.The Motor Vehicle Inspector, Regional Transport Office, Transport Department, Melur, Madurai District.
3.The Inspector of Police, Alanganallur Police Station, Madurai District.
.