Madras High Court
S.Veerasamy vs The Regional Transport Officer on 6 March, 2019
Author: Abdul Quddhose
Bench: Abdul Quddhose
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.5289 of 2019
S.Veerasamy ... Petitioner
-vs-
1.The Regional Transport Officer,
The Regional Transport Office,
Pudhukottai,
Pudhukottai District.
2.The Motor Vehicle Inspector,
Illuppur,
Pudhukottai District.
3.The Inspector of Police,
Vellanur Police Station,
Pudhukottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, to direct the first
respondent to return back the petitioner's Original Driving License in
driving license No.TN 65 19930001047 to the petitioner by
considering the petitioner's representation dated 12.02.2019 within
the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.S.Jeyakarthik
For Respondents : Mr.M.Jeyakumar
Additional Government Pleader
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2
ORDER
The instant writ petition has been filed for a mandamus to direct the first respondent to return back the petitioner's Original Driving License in driving license No.TN 65 19930001047 to the petitioner by considering the petitioner's representation dated 12.02.2019
2.It is the case of the petitioner that he is employed as a Driver with the Tamil Nadu State Transport Corporation, Rameswaram Rural branch for the past nine years. While driving the bus belonging to the Transport Corporation on 29.01.2019, the bus met with an accident which resulted in the death of a person who was driving a motor Hero Honda Splendor Bike. The First Information Report (F.I.R) was registered against the petitioner and his driving license was impounded by the third respondent who has handed over the same to the first respondent. Thereafter, the suspension order dated 29.01.2019 was passed by the first respondent suspending the driving license of the petitioner. Aggrieved by the suspension order of the driving license of the petitioner, the instant writ petition has been filed.
http://www.judis.nic.in 3
3. Heard Mr.M.S.Jeyakarthik, learned counsel for the petitioner and Mr.M.Jeyakumar, learned Additional Government Pleader appearing on behalf of the respondents.
4. It is the case of the petitioner that without establishing the guilt against the petitioner for rash and negligent driving, the respondents have impounded the driving license of the petitioner without following the due procedure established under the law. The learned counsel appearing for the petitioner drew the attention of this Court to the Division Bench judgment of this Court in the case of P.Sethuram vs., the Licensing Authority, Regional Transport Office and others reported in 2010 Writ L.R. 100, wherein the Division Bench directed the return of the driving license due to the fact that the Regional Transport Authority has preconcluded the issue that the holder of the driving license is guilty of rash and negligent driving even before the Criminal Court or the Motor Accident Claims Tribunal, had found the holder of the Driving license guilty of the offence. The relevant paragraph of the Division Bench judgement is extracted here under:-
“11.The respondent has, in the impugned order preconcluded the issue that the appellant is guilty of http://www.judis.nic.in 4 rash and negligent driving, even before the Criminal Court or the Motor Accident Claims Tribunal went into the issue. Even to invoke Section 19(1)(c), it is necessary to show that the Motor Vehicle is used the commission of a cognizable offence. Without making a specific averment regarding the same, the order suspending the driving licence cannot be taken to be passed after due application of mind.
12.In view of the above, the Writ Appeal is allowed, the order of the learned Judge is set aside and the writ petition is allowed. The respondent is directed to return the driving licence of the appellant, within a week of receipt of a copy of this order. However, it shall not preclude the respondent from initiating any action, if any of the contingencies specified in Clauses (a) to (h) of Section 19(1) of the Act, arises later or if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) are violated. No costs.
Consequently, connected miscellaneous petition is closed. ”
5. Learned counsel for the petitioner also drew the attention of this Court to the order passed by the learned Single Judge of this Court dated 23.01.2019 in W.P(MD) No.1199 of 2019 in the case of S.R.Rajan vs., the Regional Transport Officer and other following the Division Bench judgment referred supra, wherein the http://www.judis.nic.in 5 learned Single Judge has held that only the competent Criminal Court can impound the driving license and it is not open to the Regional Transport Officials to impound the same when the guilt of the holder of a driving license has not been established before the Competent Criminal Court. In the case on hand also, the petitioner's guilt has not been established by a competent criminal Court. Therefore, the dictum laid down by the Division Bench of this Court referred to supra is squarely applicable for the petitioner also.
6. It is also the case of the petitioner that the Transport Corporation is willing to take back the petitioner and give him duty as a Driver. But since the driving license has been suspended, he is unable to rejoin duty.
7. For the foregoing reasons, this Court is of the considered view that the first respondents is directed to return the petitioner's original driving license bearing No.TN 65 19930001047 within a period of one(01) week from the date of receipt of a copy of this order.
http://www.judis.nic.in 6 ABDUL QUDDHOSE, J., rmi
8. With the aforesaid direction, the Writ Petition is disposed of. However, there shall be no order as to costs.
06.03.2019
Index : Yes/No
Internet: Yes/No
rmi
Note: Registry is directed to
issue order copy on 08.03.2019
To
1.The Regional Transport Officer,
The Regional Transport Office,
Pudhukottai,
Pudhukottai District.
2.The Motor Vehicle Inspector,
Illuppur,
Pudhukottai District.
3.The Inspector of Police,
Vellanur Police Station,
Pudhukottai District.
Order made in
W.P.(MD).No.5289 of 2019
http://www.judis.nic.in