The licensing authority must conduct an enquiry under Section 19 of the Motor Vehicles Act before suspending or revoking a driving license.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

Writ Petition No.325 of 2022

and W.M.P.No.360 of 2022

M.Balasubramanian

...Petitioner

-Vs-

1. The Regional Transport Officer

and Licensing Authority,

Regional Transport Office

Chengalpattu.

2. The Regional Transport Officer

and Licensing Authority,

Regional Transport Office

Kovilpatti.

3.Inspector of Police

H3, Maraimalai Nagar Police Station

Chengalpattu District

(Crime No.1082/2021)

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Mandamus to direct

the respondents to forthwith return the petitioner's original

driving license bearing DL No.TN69Z19940000065 to him within a

time that may be fixed by this Court.

For Petitioner : Mr.A.Rahul

For Respondents : Mr.V.Manoharan,

Additional Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus to

direct the respondents to forthwith return the petitioner's

original driving license bearing DL No.TN69Z19940000065 to him

within a time that may be fixed by this Court.

That the petitioner has been working as a Driver at the

Tamil Nadu Government Transport Corporation, Tirunelveli. While

so, on 06.12.2021, when he was driving the vehicle with

https://hcservices.ecourts.gov.in/hcservices/

Registration No.TN-01-AN-3010 in the road between Chennai and

Tirunelveli, at 20.15 Hrs, he made an accident near Potheri at

Chengalpet District, as a result of which, a person was killed.

2. Pursuant to the same, the third respondent has registered

a case for the alleged offences punishable under Sections 279

and 304A of IPC and also the driving license of the petitioner

having been seized by the police, has been forwarded through

their communication dated 09.12.2021 to the first respondent and

thereafter the license is kept at the custody of the first

respondent and no enquiry has been conducted and the driving

license of the petitioner has not so far been given back to the

petitioner. In this regard, the petitioner, though had made a

representation on 20.12.2021, the same has since not been

considered, he has approached this Court by filing the present

writ petition.

3. Learned counsel for the petitioner, by relying upon some

earlier orders of this Court would contend that, the first

respondent cannot keep the driving license of the petitioner

endlessly without conducting any enquiry and therefore the

driving license of the petitioner shall be directed to be

returned back to the petitioner immediately.

4. However, Mr.V.Manoharan, learned Additional Government

Pleader appearing for the respondents would submit that, number

of orders have been passed by this Court, where the concerned

Regional Transport Authority has been directed to conduct an

enquiry under Section 19 of the Motor Vehicles Act within a time

frame and depending upon the outcome of the enquiry, the

decision on returning the driving license to the person

concerned can be decided.

5. I have considered the submissions made by the learned

counsel appearing for both sides and have perused the materials

placed on record.

6. As has been rightly pointed out by the learned Additional

Government Pleader, this is not the first time this kind of

issue has come up before this Court, as number of such cases

have already been disposed of by this Court. In one such case in

W.P.(MD).No.13365 of 2021, I had an occasion to consider similar

issue and pass the following the 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