The main legal point established is that the suspension of a driving licence under the Motor Vehicles Act, 1988 is subject to appeal before the appellate authority, and the court's jurisdiction to entertain a writ petition in such matters is limited.

JUDGMENT

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 06.02.2023 issued by the respondent in Show Cause No.TN66/2023/24, quash the same and consequently, direct the respondent to return the petitioner forthwith his original licence bearing No.TN37 19820003189 without any endorsement, within a specified time.)

1. The petitioner has filed this writ petition for return of his driving licence, seized by the respondent without any endorsement, within a stipulated time.

2. In the supporting affidavit to this Writ Petition, the petitioner has averred that he has joined as a Driver in the Tamil Nadu State Transport Corporation, Coimbatore and while he was on duty on 17.01.2023, the vehicle driven by him met with an accident, resulting in filing of FIR in Cr.No.30 for alleged offence under Sections 279, 337, 194-A and 304-A of IPC. He has further averred that his driving licence taken away by the Inspector of Police on 17.01.2023 and a show cause notice dated 24.01.2023 by the respondent herein was served upon the petitioner, wherein he was asked to submit his explanation within 10 days and he has also offered his explanation on 03.02.2023. On 06.02.2023, the respondent had issued the impugned order suspending the Driving Licence of the petitioner for the period of 5 Months 29 Days i.e., from 23.01.2023 to 22.07.2023 and hence, the writ petition.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, appearing on behalf of the respondent.

4. According to the petitioner, he could contend that based upon the letter dated 23.01.2023, received from the Inspector of Police, attached to the East Coimbatore City, proceedings have been initiated and the same is violation of the rules.

5. Per contra, the learned counsel for the respondent could contend that FIR was registered on 17.01.2023 and on 24.01.2023, a show cause notice was issued, seeking petitioner''s explanation within 10 days. The petitioner also gave his explanation on 03.02.2023. Thereafter, final orders have been passed on 06.02.2023 and it was served upon the petitioner, whereby his driving licence was suspended for a period of 5 months and 29 days. As against the impugned order, there is an appeal to the appellate authority viz., Deputy Transport Commissioner office of the Deputy Transport Commissioner, Coimbatore, within thirty days time and the same also been indicated in the impugned proceedings.

6. This Court finds that an order of suspension of driving licence has been passed under Section 19(1) (d) & (f) of the Motor Vehicles Act, 1988 read with Rule 21 of Central Motor Vehicles Rules, 1989 and as against this order, a statutory appeal has been provided in the Motor Vehicles Act.

7. As stated supra, an appeal lies to Deputy Transport Commissioner and also taking note of the fact that FIR was registered on 17.01.2023; show cause notice was issued on 24.01.2023; reply was given on 03.02.2023; and the impugned order was on 06.02.2023, I am not inclined to entertain the writ petition. It is open to the writ petitioner to file an appeal before the appellate authority. The period of suspension appears to be 5 months and 29 days and hence, the appellate authority shall consider the quantum of punishment, while considering the appeal and shall dispose of the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

8. With the above observation, the writ petition stands disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.