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2023 Supreme(Online)(MAD) 27940
MADRAS HIGH COURT
Honourable Mr Justice P.D.AUDIKESAVALU
Veeranan – Appellant
Versus
The Regional Transport Officer – Respondent
WP(MD)/754/2023
The Licensing Authority cannot suspend a driving license for more than three months for a first offense.
Headnote:
DRIVING LICENSE - SEIZURE - RETURN - The Licensing Authority must record detailed reasons in writing after giving an opportunity of personal hearing to the concerned holder of the driving license for having arrived at the conclusion to either discharge or disqualifying him from holding the driving license.
Fact of the Case:
The petitioner, a driver in the Tamil Nadu State Transport Corporation, had his driving license seized by the police following an accident. He filed a writ petition seeking the return of his license.
Finding of the Court:
The court held that the Licensing Authority must record detailed reasons in writing after giving an opportunity of personal hearing to the concerned holder of the driving license for having arrived at the conclusion to either discharge or disqualifying him from holding the driving license.
Issues: Whether the Licensing Authority can suspend a driving license for more than three months for a first offense.
Ratio Decidendi: The court relied on the provisions of Section 206(4) and Section 19(1-A)(a) of the Motor Vehicles Act, 1988, which mandate that the Licensing Authority cannot suspend a driving license for more than three months for a first offense.
Final Decision: The court directed the Licensing Authority to consider the petitioner's explanation for the show cause notice issued to him and pass a reasoned order dealing with each of the contentions raised on merits and in accordance with law.
W.P. (MD) No. 754 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2023
C O R A M
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. (MD) No. 754 of 2023
Veeranan
... Petitioner
Vs.
1.The Regional Transport Officer,
The Regional Transport Office,
Melur,
Madurai Division,
Madurai District.
2.The General Manager,
Tamilnadu State Transport Corporation Madurai Ltd.,
Virudhunagar Region,
Rajapalayam Branch,
Virudhunagar District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the constitution of India,
to issue a Writ of Mandamus, directing the 1st respondent to return the driving
license in license No.TN67Z19940000329 which belongs to the petitioner
based on the representation dated 02.01.2023.
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W.P. (MD) No. 754 of 2023
For Petitioner
: Mr. N.Kamesh
For Respondents
: Mr. K.S.Selvaganesan (for R1)
Additional Government Pleader
Mr.S.Raja (for R2)
Standing Counsel
ORDER
Heard Mr. N.Kamesh, Learned Counsel for the Petitioner,
Mr. K.S.Selvaganesan, Learned Additional Government Pleader, who takes
notice for the First Respondent and Mr.S.Raja, Learned Standing Counsel,
who takes notice for the Second Respondent and perused the materials placed
on record, apart from the pleadings of the parties.
2.
The Petitioner is a driver in the Tamil Nadu State Transport
Corporation, Rajapalayam Branch, Virudhunagar District and while on duty,
the bus bearing Registration No. TN-57-N-2545 driven by him had on
23.11.2022 met with an accident. According to the Petitioner, the Police
Officer, who is investigating that accident, had seized the driving licence of
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W.P. (MD) No. 754 of 2023
the Petitioner and forwarded it to the First Respondent, who is the Licensing
Authority, and the Petitioner had made representation dated 02.01.2023 to
return the same, but as no action has been taken thereon, he has filed this
Writ Petition.
3.
Learned Additional Government Pleader appearing for the First
Respondent has brought to notice that following the recommendations made
by the Committee on Road Safety appointed by the Hon'ble Supreme Court
of India (F. No. 05/2014/CoRS-Part-III dated 18.08.2015), show cause notice
dated 11.01.2023 has been sent today to the Petitioner, who would have to
submit his explanation for the same within a period of ten days from the date
of its receipt, and thereafter orders would be passed by the First Respondent
in the matter.
4.
At this juncture, it must be noticed that certain amendments have been
made to the Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act' for
short), which have come into force with effect from 01.09.2019 onwards and
clause (4) in Section 206 and clause (1-A) in Section 19 have been inserted to
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W.P. (MD) No. 754 of 2023
the Act, which have bearing to the contentions raised in the Writ Petition and
read as follows:-
"206. Power of police officer to impound document:-
....
(4)
A police officer or other person authorised in this behalf
by the State Government shall, if he has reason to believe that
the driver of a motor vehicle has committed, an offence under
any of Sections 183, 184, 185, 189, 190, 194-C, 194-D or 194-
E, seize the driving licence held by such driver and forward it
to the licensing authority for disqualification or revocation
proceedings under Section 19:
Provided that the person seizing the licence shall give to
the person surrendering the licence a temporary
acknowledgement therefor, but such acknowledgement shall not
authorise the holder to drive until the licence has been
returned to him."
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W.P. (MD) No. 754 of 2023
"19. Power of licensing authority to disqualify from holding
a driving licence or revoke such licence:-
....
(1-A) Where a licence has been forwarded to the li
