Madras High Court
K.Balakrishnan vs The Regional Transport ... on 30 September, 2021
W.P.(MD)No.17810 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2021
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.17810 of 2021
K.Balakrishnan ... Petitioner
Vs.
1.The Regional Transport Officer/Licensing Authority,
The Regional Transport Office,
Palani,
Dindingul – District.
2.The Inspector of Police,
Neikarapatti Police Station,
Neikarapatti,
Dindingul – District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the respondents to return his driving
license bearing D.L.No. TN- 58- 19980005687 forthwith.
For Petitioner : Mr.S.Arunachalam
For Respondents : Mr.D.Ghandiraj,
Government Advocate
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W.P.(MD)No.17810 of 2021
ORDER
The prayer sought for herein is for a Writ of Mandamus, directing
the respondents to return his driving license bearing D.L.No. TN- 58-
19980005687, forthwith.
2.The petitioner is working as a Driver in the Tamil Nadu State
Transport Corporation, Coimbatore. On 15.09.2021, when the petitioner
was driving the bus bearing registration number TN 38 N 2921 between
Pollachi and Palani, at V.K.Mills bus stop, after the vehicle moved
towards eastern direction, it met with an accident, resultantly, a 70 year
old person who was coming in the two-wheeler, died. The said incident
has been registered by the second respondent police on the same day in
FIR No.735/21, for the alleged offences punishable under Sections 279
and 304(A) of I.P.C. and the issue is under investigation.
3.Pursuant to the registration of the said case, the driving license
of the petitioner was seized by the respondent Police and handed over to
the first respondent. In order to get back the said driving license, the
petitioner has given a representation on 20.09.2021, to the first
respondent and in order to consider the said representation for getting
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W.P.(MD)No.17810 of 2021
back the driving license of the petitioner to issue a direction by way of
Mandamus, the petitioner has approached this Court by filing this Writ
Petition.
4.Heard Mr.S.Arunachalam, learned Counsel appearing for the
petitioner, who having reiterated the above, would seek indulgence of
this Court to issue a direction to the first respondent.
5.However, Mr.D.Ghandiraj, learned Government Advocate
appearing for the respondents, on instructions, would submit that, the
accident took place only on 15.09.2021 and pursuant to which the license
was seized and handed over to the first respondent. Therefore, the first
respondent has to issue a show cause notice to conduct an enquiry under
Section 19 of the Motor Vehicles Act and after getting the reply from the
petitioner and after hearing him, a decision would be taken as to whether
the petitioner's driving license can be returned back to him or not and
therefore, a reasonable time may be given to the first respondent to
complete the enquiry and pass final orders.
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W.P.(MD)No.17810 of 2021
6.I have considered a similar issue in number of cases and when
one such case came up for hearing on 04.08.2021 in W.P.(MD)No.13365
of 2021, I have passed the following order:
“4.Heard Mr.S.Arunachalam, learned counsel for
the petitioner, who would submit that, if at all any
proceedings is initiated under Section 19 of the Act by
issuance of show cause notice and after getting reply from
the person against whom the show cause notice is issued,
enquiry should be conducted as to whether any violation
had been taken place in this regard by the licence holder
and accordingly, order should be passed. However,
without conducting an enquiry and without concluding the
Section 19 proceedings, the licence in original of the
person concerned cannot be retained endlessly by the
respondent and the respondent does not have this power.
This has also been reiterated in a number of judgments of
this Court. Therefore, relying upon those judgments, the
learned counsel seeks indulgence of this Court to give a
direction to the release of the driving licence of the
petitioner by the respondent immediately.
5.I have heard the learned Government Advocate
for the respondent, who would submit that, under Section
19 of the Act, the power of licensing authority to
disqualify any person from holding a driving licence or
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W.P.(MD)No.17810 of 2021
revoke such licence, has been contemplated. In the said
section, various circumstances have been mentioned,
under which, the licence of the licence holder can be
retained or suspended for sometime as a punishment to
be awarded in this regard, after conducting enquiry. In
this context, in order to have a limited enquiry and take a
decision whether any violation has been taken place in
this regard on the part of the petitioner/licence holder,
the proceedings was initiated and show cause notice was
issued, which is a pre-requisite to conduct an enquiry.
6.Pursuant to the show cause notice, the petitioner
seems to have given a reply on 20.07.2021 and based on
such reply, certainly the respondent would conduct a
limited enquiry and pass order as to whether any
violation has been committed by the petitioner or any
offence has been committed by the petitioner and after
ascertaining the same, final orders would be passed
under Section 19 of the Act either to disqualify him from
holding the licence or to revoke the licence or otherwise.
If any such decision is taken, accordingly the licence of
the petitioner either would be suspended or revoked or
would be given back to the petitioner, depending upon
the outcome of the enquiry to be conducted by the
respondent in this regard. Therefore, quoting the
aforesaid proceedings, the learned Government Advocate
appearing for the respondent seeks indulgence of this
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W.P.(MD)No.17810 of 2021
court to give reasonable time to the respondent to
complete the enquiry and pass final orders.
7.I have considered the said rival submissions
made by the learned counsel appearing for the parties
and perused the materials placed before this Court.
8.In respect of these kind of controversy, a number
of orders had been passed by this Court where the law
had been held that, without having resorted to a limited
enquiry to be conducted in this regard and to come to a
conclusion that the licence holder has committed any
offence or violated any provisions of the Act as well as
the rules made thereunder, the licence cannot be retained
or revoked or the holder of the licence cannot be
disqualified.
9.In this context, Section 19 of the Motor Vehicles
Act reads thus:
“19. Power of licensing authority to
disqualify from holding a driving licence or revoke
such licence . - (1) If a licensing authority is
satisfied, after giving the holder of a driving licence
an opportunity of being heard, that he –
(a) is a habitual criminal or a habitual drunkard ;
or
(b) is a habitual addict to any narcotic drug or
psychotropic substance within the meaning of the
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W.P.(MD)No.17810 of 2021
Narcotic Drugs and Psychotropic Substances
Act, 1985 ; or
(c) is using or has used a motor vehicle in the
commission of a cognizable offence ; or
(d) has by his previous conduct as driver of a motor
vehicle shown that his driving is likely to be
attended with danger to the public ; or
(e) has obtained any driving licence or a licence to
drive a particular class or description of motor
vehicle by fraud or misrepresentation ; or
(f) has committed any such act which is likely to
cause nuisance or danger to the public, as may be
prescribed by the Central Government, having
regard to the objects of this Act; or
(g) has failed to submit to, or has not passed, the
tests referred to in the proviso to sub-section (3) of
section 22 ; or
(h) being a person under the age of eighteen years
who has been granted a learner’s licence or a
driving licence with the consent in writing of the
person having the care of the holder of the licence
and has ceased to be in such care, it may, for
reasons to be recorded in writing, make an order –
(i) disqualifying that person for a specified period
for holding or obtaining any driving licence to drive
all or any classes or descriptions of vehicles
specified in the licence ; or
(ii) revoke any such licence.
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W.P.(MD)No.17810 of 2021
(2) Where an order under sub-section (1) is made,
the holder of a driving licence shall forthwith
surrender his driving licence to the licensing
authority making the order, if the driving licence
has not already been surrendered, and the licensing
authority shall, -
(a) if the driving licence is a driving licence issued
under this Act, keep it until the disqualification has
expired or has been removed ; or
(b) if it is not a driving licence issued under this Act,
endorse the disqualification upon it and send it to
the licensing authority by which it was issued ; or
(c) in the case of revocation of any licence, endorse
the revocation upon it and if it is not the authority
which issued the same, intimate the fact of
revocation to the authority which issued that
licence:
Provided that where the driving licence of a person
authorises him to drive more than one class or
description of motor vehicles and the order, made
under subsection (1), disqualifies him from driving
any specified class or description of motor vehicles,
the licensing authority shall endorse the
disqualification upon the driving licence and return
the same to the holder.
(3) Any person aggrieved by an order made by a
licensing authority under sub-section (1) may,
within thirty days of the receipt of the order, appeal
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W.P.(MD)No.17810 of 2021
to the prescribed authority, and such appellate
authority shall give notice to the licensing authority
and hear either party if so required by that party
and may pass such order as it thinks fit and an
order passed by any such appellate authority shall
be final.”
10.If we look at the provisions of Section 19 of the
Act, it makes it clear that, if it is satisfied after giving the
holder of the licence, an opportunity of being heard, if he
has committed any offence or has made any violation, the
licensing authority, for the reasons to be recorded in
writing, can make an order disqualifying the person for a
specified period for holding or obtaining any driving
licence to dirve any class or description of vehicle
specified in the licence or revoke any such licence.
11.That apart, Sub-Section 1 (A) of Section 19 was
recently inserted by Motor Vehicles Amendment Act,
2019 (Act 32 of 2019), which came into effect from
19.08.2019 under which, if a licence has been forwarded
to the licensing authority under Sub-Section 4 of Section
206, the licensing authority if satisfied after giving
holder of the driving licence, an opportunity of being
heard may either discharge the holder of the driving
licence or it may have detailed reasons recorded in
writing make an order disqualifying such persons from
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W.P.(MD)No.17810 of 2021
holding or obtaining any licence all or any of the class or
description of vehicle. For the first offence, such
punishment shall be for a period of three months and for
second and subsequent offence, the revocation shall be
the penalty.
12.These are all the procedures contemplated
under Section 19 of the Motor Vehicles Act.
13.Since the statutory duty cast upon the licensing
authority that is the respondent herein, he has initiated
such proceedings by issuing show cause notice on
19.07.2021 seeking show cause from the petitioner which
had been properly responded by the petitioner by giving
reply dated 20.07.2021. Now, the ball is in the Court of
the respondent so as to immediately conduct an enquiry,
of course a limited enquiry, to verify as to whether the
petitioner had violated any provisions of the Act as well
as the rules made thereunder or any other punishable
offences have been committed by him.
14.In this context, it is to be reminded that, merely
because a fatal accident had been reported where the
vehicle driven by the petitioner is involved, it cannot be
presumed that the petitioner has committed a punishable
offence as that has to be decided only by the competent
Court, where a case would be conducted by the
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W.P.(MD)No.17810 of 2021
concerned police. However, at this juncture, a limited
enquiry can be undertaken by the respondent only to
verify whether any provisions of the Act as well as the
rules made thereunder had been violated by the
petitioner. Only for the said purpose, enquiry as
contemplated under Section 19 of the Act can go on and
after completing such enquiry, if the respondent comes to
a conclusion that none of the provisions of the Act as well
as the rules has been violated, it is open to the
respondent to release the licence to the petitioner.
Therefore, after adopting this procedure as has been
contemplated under Section 19 of the Act, needful can be
done and the final order in this regard shall be passed by
the respondent within a timeframe to be fixed by this
Court.
15.In that view of the matter, this Writ Petition is
disposed of with the following order:-
“that there shall be a direction to the
respondent to consider the reply given by the
petitioner dated 20.07.2021, pursuant to the
show cause notice dated 19.07.2021 issued
by the respondent and in this regard, after
giving a notice conduct a personal enquiry
and thereafter final order shall be passed by
taking into account the aforesaid
observations made in this order and such
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W.P.(MD)No.17810 of 2021
final order shall be passed within a period of
thirty days from the date of receipt of a copy
of this order.”
16.It is needless to mention that, depending upon
the outcome of the final order to be passed, as indicated
above, by the respondent, the petitioner shall work out
his remedy accordingly. It is also needless to mention
that once notice is issued, the petitioner shall cooperate
and appear before the respondent for completing the
enquiry as indicated above.
17.With these directions, this Writ Petition is
disposed of. No costs.”
7.In view of the aforesaid order having been passed in number of
cases and the petitioner being similarly placed, I am of the view that, this
writ petition can be disposed of, by giving the following directions:
“that the first respondent is hereby directed to
issue a show cause notice to the petitioner, within a
period of one (1) week from the date of receipt of a
copy of the order and on receipt of such show cause
notice, the petitioner shall give his reply, within one (1)
week and on receipt of the reply from the petitioner, the
first respondent shall complete the enquiry under
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W.P.(MD)No.17810 of 2021
Section 19 of the Motor Vehicles Act and pass final
orders thereon, within a period of four (4) weeks,
thereafter. It is needless to mention that, depending
upon the outcome of the enquiry under Section 19 of
the Motor Vehicles Act, the decision to return back the
license would be taken on merits and in accordance
with law.
8.With the above directions, this writ petition is disposed of.
However, there shall be no order as to costs.
30.09.2021
Index : Yes/No
Internet : Yes/No
btr/MR
Note: Issue a copy of this order by 05.10.2021.
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.P.(MD)No.17810 of 2021
R.SURESH KUMAR ,J.
btr/MR
To
1.The Regional Transport Officer/Licensing Authority,
The Regional Transport Office,
Palani,
Dindingul – District.
2.The Inspector of Police,
Neikarapatti Police Station,
Neikarapatti,
Dindingul – District.
Order made in
W.P.(MD)No.17810 of 2021
Dated:
30.09.2021
https://www.mhc.tn.gov.in/judis/
