Petitioner sought a writ directing the Regional Transport Officer to return his seized driving license. The Court held that notice and enquiry are mandatory. The RTO was directed to issue notice, conduct enquiry, and return the license pending proceedings.
Contextual notice issued; license returned subject to enquiry result within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2018
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P. 32764 of 2018
A.Sathishkumar
... Petitioner
Versus
1.The Inspector of Police, Magudanchavadi Police Station, Salem District.
PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent herein to return the original driving license (DL.No.TN28 Z 2008 0001712) to the petitioner forthwith.
For Petitioner : Mr.K.Hariharan For Respondents : Mrs.Ramya Revathy, Government Pleader ORDER
This Writ Petition has been filed seeking a direction to the 2nd respondent to return the petitioner's original driving license bearing DL.No.TN28 Z 2008 0001712.
cause notice to the petitioner within a period of three weeks from the date of receipt of the copy of this order. Thereafter, the petitioner is directed to submit his explanation within a period of two weeks. After the receipt of objection, the 2nd respondent is directed to conduct the enquiry, and to pass final reasoned order on merits and in accordance with law after giving opportunity to the petitioner within a period of four weeks thereafter. Till then, the second respondent has no power to withhold the licence. In the said circumstances, the second respondent is directed to return the Licence to the petitioner subject to the result of the enquiry proceedings.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Inspector of Police,
Magudanchavadi Police Station,
Salem District.
2. The Licensing Authority- cum-
Regional Transport Officer,
Sankari, Salem District.
+1cc to Mr.K.Hariharan, Advocate sr.no.88306
+1cc to Government Pleader sr.no.88412
W.P. 32764 of 2018
nr 20/12/2018
1 issue framed by the court
Whether the Regional Transport Officer can lawfully withhold the petitioner's driving license without issuing a notice under Section 19 of the Motor Vehicles Act and conducting an enquiry.
2 provisions across 2 enactments
A.Sathishkumar
The Inspector of Police, Magudanchavadi Police Station, Salem District
The Licensing Authority-cumRegional Transport Officer, Sankari, Salem District
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
