Madras High Court
P.Murugan vs The Regional Transport Officer on 1 June, 2023
W.P.(MD) No.12437 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.12437 of 2023
P.Murugan ... Petitioner
Vs.
1.The Regional Transport Officer,
The Regional Transport Office (North),
Madurai.
2.The Inspector of Police,
Traffic Investigation Wing Police Station-II,
Madurai. ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the first respondent
to return the petitioner's driving license bearing D.L.No.TN
59-19950002426 forthwith.
For Petitioner : Mr.S.Arunachalam
For Respondents : Mr.D.Ghandiraj
Special Government Pleader
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W.P.(MD) No.12437 of 2023
ORDER
The above writ petition is filed for a mandamus directing the first
respondent to return the petitioner's driving license bearing D.L.No.TN
59-19950002426.
2. It is the case of the petitioner that he had been issued with the
above driving license on 28.04.1995. He has been working as Driver in
the Tamil Nadu State Transport Corporation (Madurai) Limited with
effect from 27.01.2012. He is now employed as Senior Driver with the
Madurai Ellis Nagar Branch of the Corporation. On 05.05.2023, he was
allotted to the work of plying the bus from Periyar Bus Stand to
Vaikasipatti via Koodal Nagar, Sikkandar Chavadi, Alanganallur. It is
his case that he had started his work for the day at 06.40 a.m., and he
took the bus from the Periyar Bus Stand to Vaikasipatti and the return
journey from Vaikasipatti to Periyar Bus Stand. When the bus had
reached Koodal Nagar Bus Stop at about 08.20 p.m., on account of the
underground drainage work, the road had been reduced to a one lane
road. After Koodal Nagar bus stop, when he slowed down the bus at
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W.P.(MD) No.12437 of 2023
Anjal Nagar Bus Stop, just 50 metres before the stop, the conductor had
blown the whistle and immediately the petitioner had slowed down, at
which point in time, he had heard a noise and had immediately stopped
the bus and when he looked, he found that two two wheelers lying
behind the bus and a young man aged about 24 years was lying on the
road and appeared to be injured. An ambulance was immediately called
for and later it appears that the victim had died on the spot. Thereafter,
FIR was registered for the accident and the petitioner was made an
accused along with the driver of the two wheeler, which hit the two
wheeler of the victim.
3. The petitioner would submit that the CCTV footage of nearby
shop would reveal the true facts. He would further submit that on
10.05.2023, when he had produced his bus for inspection, the second
respondent police had seized his driving licence and given to the Motor
Vehicle Inspector, who in turn, had handed it over to the first respondent.
On 17.05.2023, the petitioner had received the notice dated 12.05.2023
from the first respondent. The petitioner had sent a representation on
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W.P.(MD) No.12437 of 2023
18.05.2023 calling upon the first respondent to give the documents based
upon which he had arrived at a conclusion that the petitioner was
responsible for the accident and to return the licence. However, the
licence was not returned to him. Therefore, the writ petitioner had come
forward with the present writ petition for the relief stated supra. After
filing of the writ petition, the petitioner has been served with the
proceedings dated 19.05.2023 of the first respondent suspending the
driving licence for the period of six months commencing from
05.05.2023 to 04.11.2023.
4. Heard the learned counsel appearing on either side.
5.Though the writ petition has been filed for a mandamus directing
the first respondent to return the driving licence, however, since in the
interregnum an order suspending the petitioner's licence has been issued
and as the same is contrary to the provision of Section 19 of the Motor
Vehicles Act, I am taking note of the subsequent events. Section 19 of
the Motor Vehicles Act empowers the licensing authority to disqualify a
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W.P.(MD) No.12437 of 2023
person from holding a driving licence or revoke the said licence. The
said provision contains the contingencies under which the above power
can be used which is set out in Clauses A to H of Sub Section 1 of
Section 19 of the of the Motor Vehicles Act. The provisions of Section
19 of the Motor vehicles Act 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 anopportunity 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
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 the public, as may be prescribed
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W.P.(MD) No.12437 of 2023
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.
(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
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W.P.(MD) No.12437 of 2023
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 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.”
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W.P.(MD) No.12437 of 2023
6. A reading of the above makes it clear that before invoking the
power under Section 19(1) of the Act, opportunity of hearing has to be
given to the holder of the licence and reasons in writing have to be
provided. However, a perusal of the order of the first respondent dated
19.05.2023, which is produced today, does not reflect compliance of the
provisions of Section 19(1) of the Act and neither does the proceedings
indicate prior notice to the petitioner.
7. A Division Bench of this Court in the case of P.Sethuram Vs.
The Licensing Authority, The Regional Transport Officer, Dindigul
reported in 2010 Writ L.R. 100, was dealing with the similar issue,
wherein a question was raised as to whether mere registration of a
criminal complaint was enough to revoke a driving licence. The Bench
considering Section 19(1) of the Motor Vehicles Act extensively held as
follows:
“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
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W.P.(MD) No.12437 of 2023
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.”
8. Therefore, taking into consideration the provision and the above
judgment, it is clear that the respondents have exceeded the jurisdiction
and therefore, the order dated 19.05.2023 passed by the first respondent
has to necessarily be set aside. Further, the petitioner has not been held
to be guilty of rash and negligent driving by criminal Court or by the
Motor Accident Claims Tribunal. It is only the FIR that holds the
petitioner guilty of rash and negligent driving. The proceeding dated
19.05.2023 proceeds to declare the petitioner to be guilty of the charges
framed against him without there being any evidence in this regard.
Therefore, viewing the proceedings from any angel it has to necessarily
be set aside. Accordingly, the order dated 19.05.2023 passed by the
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W.P.(MD) No.12437 of 2023
first respondent is set aside and the writ petition is allowed directing the
first respondent to hand over the driving licence to the petitioner within a
period of four weeks from the date of the copy of the order. No costs.
01.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
cp
To
1.The Regional Transport Officer,
The Regional Transport Office (North),
Madurai.
2.The Inspector of Police,
Traffic Investigation Wing Police Station-II,
Madurai.
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W.P.(MD) No.12437 of 2023
P.T.ASHA, J.
cp
W.P.(MD) No.12437 of 2023
Dated: 01.06.2023
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