JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the petitioner's driving licence bearing D.L.No.TN 43-19950000228.

1. Prayer sought for herein is for a writ of mandamus, directing the respondent to return the petitioner's driving licence bearing D.L.No.TN 43-19950000228.)

2. The petitioner is the driver at the Tamilnadu State Transport Corporation (Kovai) Limited. While he was on duty, on 11.08.2021 in a bus bearing Registration No.TN-43N-0819, in the route between Mettupalayam and Karaikudi, the bus driven by the petitioner met with an accident at about 2.45 p.m., near Ottanchathiram, result of which, a man died. Pursuant to the said incident, an FIR has been registered in Crime No.993 of 2021 at the concerned police station for the alleged offences punishable under Section 279 and 304(A) of IPC and the case is still in investigation.

3. Pursuant to the said accident, on 12.08.2021, the concerned police seized the licence and handed over the same to the respondent and therefore, the driving licence of the petitioner is now with the respondent, and in order to get back the same, since no enquiry has been conducted under Section 19 of the Motor Vehicles Act, the petitioner has given a representation to the respondent on 19.08.2021, and the said representation since has not been considered, the petitioner has approached this Court by filing the present writ petition.

4. Heard Mr.V.R.Arunkumar, learned counsel appearing for the petitioner, who, having reiterated the aforesaid, would seek indulgence of this Court to give a direction to the respondent to return back the driving licence of the petitioner, pending enquiry to be conducted in this regard under Section 19 of the Motor Vehicles Act.

5. Heard, Mr.D.Ghandiraj, learned Government Advocate appearing for the respondent, who would submit that, if the petitioner involved in a fatal accident pursuant to which, the driving licence of the petitioner is seized, it is incumbent on the part of the respondent to conduct an enquiry under Section 19 of the Motor Vehicles Act, for which a show cause notice would be issued shortly, pursuant to which, if the petitioner comes forward to give his explanation, the enquiry will be conducted, and whether the petitioner is entitled to get back the licence or not, would be decided at the end of the enquiry, however, the same would be completed as early as possible, or within the time frame that may be stipulated by this Court, hence, a suitable direction to that effect may be granted in this regard, he contended.

6. I have considered the said rival submissions made by the learned counsel appearing for the parties and have perused the materials placed before this Court.

7. In fact similar issues are almost everyday is being dealt with by this Court, and on 04.08.2021 in W.P.(MD).No.13365 of 2021 in the matter of R.Karuppanan vs. The Regional Transport Officer, Dindigul, I have considered similar circumstances and passed the following order:

“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 Narcotic Drugs and Psychotro