G.Sachu vs The Regional Transport Officer
2023 Latest Caselaw 715 Mad

                                                                                WP.No.936 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 12.01.2023

                                                       CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR


                                                   WP.No.936 of 2023




                     G.Sachu                                                     ...petitioner


                                                          Vs.


                     1. The Regional Transport Officer,
                        Coimbatore Central,
                        Coimbatore.

                     2. The Inspector of Police,
                        TIW East,
                        Coimbatore City,
                        Coimbatore.                                              ...respondents




                     Prayer:- This Writ Petition is filed under Article 226 of the Constitution
                     of India, seeking for a Writ of Certiorarified Mandamus, calling for the
                     records of the order passed by the 1st respondent in proceedings
                     No.TN66/2022/746, dated 03.01.2023 for suspending the petitioner's
                     Driving License bearing DL.No.TN-36-19940001635 for the period from

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                     1/5
                                                                                    WP.No.936 of 2023

                     15.12.2022 to 14.06.2023 (5 months and 30 days) quash the same and
                     consequently direct the 1st respondent to return the original Driving
                     License to the petitioner without any endorsement.



                                  For Petitioner         : Mr.P.K.Shiva Kumar

                                  For Respondents        : Mr.K.M.D.Muhilan, AGP


                                                         ORDER

The present Writ Petition has been filed challenging the

proceedings passed under Section 19 of the Motor Vehicle Act by the

Regional Transport Officer, temporarily suspending the driving licence

of the petitioner.

2. It is the contention of the learned counsel for the petitioner

that pending investigation, no such order can be passed suspending the

driving license of the petitioner. In support of his contention, the learned

counsel relied upon the judgment of the Division Bench of this Court in

the case of P.Sethuram vs. the Licensing Authority, the Regional

Transport Officer, reported in MANU/TN/2311/2009

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WP.No.936 of 2023

3. It is to be noted that only if no opportunity was given, the

Court can interfere with the order of suspension of driving licence. It is

useful to refer paragraph 8 of the above judgment.

"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"

However, in the case on hand, a show cause notice was issued and the

petitioner also submitted his explanation and based on the same, an order

has been passed suspending his driving license. Further, an effective

alternative remedy of appeal is also available under the statute.

4. In such view of the matter, this Writ Petition is disposed of

with liberty to the petitioner to file an appeal to the concerned authority

within a period of 15 days from today. On such appeal, the authorities

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WP.No.936 of 2023

shall consider the same and pass appropriate others within a period of

two months thereafter. No costs.

                                                                                12.01.2023

                     Index        : Yes/No
                     pvs



                     To

1. The Regional Transport Officer, Coimbatore Central, Coimbatore.

2. The Inspector of Police, TIW East, Coimbatore City, Coimbatore.

https://www.mhc.tn.gov.in/judis

WP.No.936 of 2023

N.SATHISH KUMAR.J.,

pvs

WP.No.936 of 2023

12.01.2023

https://www.mhc.tn.gov.in/judis