Madras High Court
K.Murugesan vs The Licensing Authority on 19 May, 2021
W.P.No.12032 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.05.2021
CORAM
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.12032 of 2021
and
W.M.P.No.12803 of 2021
K.Murugesan
S/o.Kuppannan ... Petitioner
Vs.
The Licensing Authority
Regional Transport Officer,
The Office of the Regional Transport Officer,
Dharapuram, Tirupur District. ... Respondent
PRAYER : Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus directing the respondent to return
forthwith the petitioner's original driving licence bearing No.TN-33-
1992000-3378 without any condition and without any endorsement and
within a specified time as may be fixed by this Hon'ble Court, Award
Costs.
For Petitioner : Mr.V.Ajay Khose
For Respondent : Ms.Shabnam Banu
1/5
https://www.mhc.tn.gov.in/judis/
W.P.No.12032 of 2021
ORDER
The petitioner complaints that his original driving licence
bearing No.TN33 1992000 3378 has been withheld by the respondent in
contravention of applicable law. Consequently, the petitioner prays for a
mandamus to return the said original driving licence. The learned counsel
for the petitioner submits that the petitioner is a driver in the Tamil Nadu
State Transport Corporation and that an accident occurred on account of
the negligence of a two wheeler rider. In connection thereto, a FIR was
registered and such proceedings are pending.
2. He further contends that the Licensing Authority is entitled
to revoke a driving licence only in accordance with Section 19 of the
Motor Vehicles Act, 1988. In the case on hand, he submits that the
driving licence of the petitioner was neither suspended nor revoked. In
spite of the driving licence not having been suspended or revoked in
accordance with law, he contends that the respondent has unlawfully
retained his driving licence and thereby prevented the petitioner from
making use of such licence. Although a representation was submitted on
https://www.mhc.tn.gov.in/judis/
W.P.No.12032 of 2021
29.04.2021 requesting the respondent to return the driving licence, no
action has been taken thereon. The learned counsel for the petitioner also
relied upon several judgments of this Court in similar circumstances,
wherein the return of the driving licence was directed by this Court.
3. Learned Standing Counsel for the Regional Transport
Officer accepts notice on behalf of the respondent and submits that the
representation of the petitioner could not be disposed of earlier on
account of the ongoing Covid-19 pandemic. She further submits that
such representation would be disposed of within a reasonable time frame.
4. The respondent is duty bound to act strictly in accordance
with applicable law and, in particular, the Motor Vehicles Act. As
pointed out by learned counsel for the petitioner, the driving licence
cannot be withheld except under statutory authorisation in such regard.
5. Accordingly, W.P.No.12032 of 2021 is disposed of by
directing the respondent to consider the representation dated 29.04.2021
https://www.mhc.tn.gov.in/judis/
W.P.No.12032 of 2021
and dispose of the same by a reasoned order after providing a reasonable
opportunity to the petitioner. Such order shall be passed within a period
of four weeks from the date of receipt of a copy of this order and shall
take into account the observations contained in this order and the
judgments of this Court in this regard. Consequently, connected
miscellaneous petition is also closed. No costs.
19.05.2021
dpq/rpl
Index:Yes/No
Internet:Yes
Speaking/Non-speaking order
To
The Licensing Authority
Regional Transport Officer,
The Office of the Regional Transport Officer,
Dharapuram, Tirupur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.12032 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
dpq/rpl
W.P.No.12032 of 2021
and
W.M.P.No.12803 of 2021
19.05.2021
https://www.mhc.tn.gov.in/judis/
