Madras High Court
T.M.Madhu vs The Licensing Authority on 29 April, 2022
W.P.No.11543 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.No.11543 of 2022
and W.M.P.No.11021 of 2022
T.M.Madhu .. Petitioner
Vs.
The Licensing Authority,
Poonamallee bypass road,
Poonamallee,
Chennai 600 056. .. Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the respondent to
return forthwith the petitioner original driving license bearing No.TN 20
19991369028, without any condition and without any endorsement and
within a specified time as may be fixed by this Court.
For Petitioner : Ms.V.Porkodi
for Mr.R.Krishnaswamy
For Respondent : Mr.U.Baranidharan
(Additional Government Pleader)
1/14
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W.P.No.11543 of 2022
ORDER
This Writ Petition is filed by the petitioner for a direction to the
respondent to return forthwith his original driving license bearing No.TN 20
19991369028, without any condition and without any endorsement, within a
specified time as may be fixed by this Court.
2.By consent of the learned counsel appearing for the petitioner as well
as the learned Additional Government Pleader, who takes notice for the
respondent, the Writ Petition is taken up for final disposal at the admission
stage itself.
3.The petitioner is working as a Driver in the Tamil Nadu State
Transport Corporation Ltd. On 07.12.2021, while he was driving the Bus
from Tirupati Bus Stand towards Chennai, he stopped the Bus at Savitha
Medical College due to break down of the Bus. A Tata Ace rider who was
coming behind the Bus in a rash and negligent manner, lost control of the
vehicle, dashed on the Bus which was standing on the left side of the
Highway and caused the accident. In the accident, the driver of the Tata Ace
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W.P.No.11543 of 2022
vehicle sustained injury in his left leg and hand. An FIR in Cr.No.940/2021
dated 08.12.2021 was registered against the petitioner under Sections 283 and
338 of IPC. Based on the said FIR, the Inspector of Police, forcibly seized the
petitioner's original driving license without any notice and without any order
and handed over to the respondent. The respondent did not issue any show
cause notice to the petitioner. The petitioner sent a representation dated
09.02.2022 to the respondent, requesting to return the seized original driving
license. The respondent did not consider the said representation. Moreso,
whenever the petitioner approached the respondent office, they informed that
the license will not be returned for six months. The learned counsel appearing
for the petitioner submitted that, without passing any order under Section
19(1) of the Act, either disqualifying or suspending or revoking the driving
license of the petitioner, withholding the original driving license from
07.12.2021 is illegal, arbitrary and it is violation of Articles 14 and 21 of the
Constitution of India. The learned counsel further submitted that criminal
case against the petitioner is pending investigation in the FIR stage. The
petitioner is not convicted by the competent Criminal Court for the offences
mentioned in the FIR. Merely based on registration of FIR, the authorities
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W.P.No.11543 of 2022
have no power to withhold the driving license.
4.In support of his contention, the learned counsel for the petitioner
relied on the judgment reported in 2010 Writ L.R. 100 [P.Sethuram Vs. The
Licensing Authority, The Regional Transport Officer, The Regional
Transport Office, Dindigul], wherein the relevant portion reads as follows:
“4. Though there is, in fact, an alternative remedy of
appeal available under Section 19(3) of the Act, a
fundamental question is raised as to whether the mere
registration of a criminal complaint and the involvement of
a driver in a road traffic accident is enough to invoke the
power to suspend or revoke a driving licence under the Act.
Since a lot of cases of this nature have come up, we deem it
fit not to send the appellant to avail the alternative remedy.
5. Section 19(1) of the Motor Vehicles Act, 1988, empowers
the Licensing Authority to disqualify a person for holding
or obtaining any driving licence for a specified period or to
revoke any such licence. Similarly, a Court which convicts
a person for an offence under the Act, is empowered by
Section 20(1) to disqualify such person from holding a
driving licence for a specified period. Section 21 makes a
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W.P.No.11543 of 2022
driving licence become suspended, if the holder of the
licence had been previously convicted of an offence
punishable under Section 184 and a case had been
registered against him on the allegation of causing the
death or grievous injury to one or more persons by
dangerous driving. Section 22 empowers the Court to
cancel or suspend the driving licence, upon conviction of a
person for an offence under Section 184.
6. Obviously, Sections 20 and 22 are not applicable to the
case on hand, since the action impugned in the writ petition
did not arise out of the disqualification ordered by a Court.
There is no allegation that the appellant was previously
convicted for an offence under Section 184. Therefore
Section 21 also has no application to the case on hand.
Consequently, the only provision to which the respondent
could resort to is Section 19.
7. Section 19 of the Motor Vehicles Act, 1988, reads as
follows:-
“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
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W.P.No.11543 of 2022
opportunity of being heard, that he-
(a) is a habitual criminal or habitual drunkard;
or
(b) is a habitual addict to any narcotic drug or
psychotropic substance within the meaning of
the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 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 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 learners 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
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W.P.No.11543 of 2022
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.
(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
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W.P.No.11543 of 2022
order, made under sub-section (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 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.”
8. A bare reading of Section 19(1) shows that the Licensing
Authority has the power to revoke any licence or disqualify
a person for a specified period from holding or obtaining a
driving licence, if any of the contingencies prescribed in
Clauses (a) to (h) of Sub Section (1) of Section 19 arises.
Moreover, the power under Section 19(1) can be invoked
only after giving an opportunity of being heard to the
holder of the licence and for reasons to be recorded in
writing.
9. But in the case on hand, the licence of the appellant was
impounded or retained by the police immediately after the
accident. Thereafter, the respondent issued the show cause
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W.P.No.11543 of 2022
notice under Section 19(1) of the Act, after getting a report
from the police. Therefore the impounding of the licence
has actually preceded the issue of show cause notice.
10. Apart from the above, there is no allegation, either in
the notice or in the order impugned in the writ petition, that
the appellant is a habitual criminal or habitual drunkard,
so as to attract Clause (a) of Section 19(1) of the Act.
Similarly, neither the show cause notice nor the order
impugned in the writ petition, imputes the appellant with
any of the ingredients necessary under Clauses (b) to (h) of
Sub Section (1) of Section 19 of the Act. Except stating that
as per the report of the Inspector of Police, the appellant
was guilty of rash and negligent driving, the impugned
order does not indicate the category in Clauses (a) to (h) of
Section 19(1), under which the case of the appellant would
fall.
11. The respondent has, in the impugned order, pre-
concluded the issue that the appellant is guilty of 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 in the commission of a cognizable
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W.P.No.11543 of 2022
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.The learned Additional Government Pleader appearing for the
respondent submitted that the respondent will consider the representation of
the petitioner and pass orders within the time limit fixed by this Court.
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W.P.No.11543 of 2022
6.Heard the learned counsel appearing for the petitioner as well as the
learned Additional Government Pleader appearing for the respondent and
perused the entire materials available on record.
7.From the materials on record, it is seen that on 07.12.2021, while
driving the Bus, accident occurred and FIR is registered against the petitioner
in Crime No.940/2021. The said criminal case is pending and petitioner is not
convicted for any cognizable offence. In similar facts, in the judgment
reported in 2010 Writ L.R. 100 (referred to above) relied on by the learned
counsel appearing for the petitioner, the Division Bench of this Court has
held that the license can be suspended only when the driver is convicted for
cognizable offence and pending criminal case, suspension of driving license
is not valid. In the present case, even without passing any order for
cancellation or suspension or revocation of the license, the respondent has
seized the driving license of the petitioner.
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W.P.No.11543 of 2022
8.Considering the above facts and submissions of the learned counsel
appearing for the petitioner as well as the learned Additional Government
Pleader appearing for the respondent, judgment of the Division Bench
referred to above, the respondent is directed to return the original driving
licence to the petitioner as early as possible, in any event within a week from
today, i.e., on or before 05.05.2022, after getting necessary written
undertaking and retaining photocopies of the original driving license and
under due acknowledgement. The petitioner shall go over to the office of the
respondent on any working day in the afternoon sessions between 02.00 P.M
and 4.00 P.M and the original driving license shall be handed over to him
under due acknowledgement.
9.It is made clear that the writ petitioner shall produce the original
driving license as and when called for, make himself available for the
criminal case to proceed and cooperate with the investigation.
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W.P.No.11543 of 2022
With the above directions, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
29.04.2022
Index : Yes / No
gsa
Note : Issue order copy on 29.04.2022.
To
The Licensing Authority,
Poonamallee bypass road,
Poonamallee,
Chennai 600 056
https://www.mhc.tn.gov.in/judis
W.P.No.11543 of 2022
V.M.VELUMANI, J.,
gsa
W.P.No.11543 of 2022
29.04.2022
https://www.mhc.tn.gov.in/judis
