This Writ Petition challenged the suspension of a deceased bus driver's license post-accident. Holding that registration of an FIR alone does not mandate suspension under the Motor Vehicles Act, the court directed the Respondents to return the license forthwith.
Direction to the second respondent to return the petitioner's driving license forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.34770 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.34770 of 2022 &
WMP.Nos.34189 & 34190 of 2022
V.Sasikumar
... Petitioner
Vs
Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relevant
WP.No.34770 of 2022
to the Order in Show Case No.TN30/2022/645 dated 22.09.2022 passed by the second respondent and quash the same as illegal, improper, unreasonable and against the natural justice and thereby direct the respondents to return the petitioner's driving license in D.L.No.TN 54 20110002275 to him.
For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mrs.R.Anitha Special Government Pleader
ORDER
This Writ Petition is filed to quash the Order in Show Case No.TN30/2022/645 dated 22.09.2022 passed by the second respondent as illegal, improper, unreasonable and against natural justice and thereby direct the respondents to return the petitioner's driving license in D.L.No.TN 54 20110002275 to him.
WP.No.34770 of 2022
sustained injuries and taken to a nearby hospital and thereafter he died in the hospital. A complaint was given and the same was registered in Crime No.381 of 2022, for the offences punishable under Sections 279 and 337 of the Indian Penal Code. During the course of investigation, the driving license of the petitioner was seized and it was handed over to the third respondent. Thereafter, the impugned Order has been passed by suspending the license of the petitioner for a period of six months from 16.09.2022 to 15.03.2023. Hence, present writ petition has been filed for the aforesaid relief.
WP.No.34770 of 2022
various orders. In W.P.No.18144 of 2021 (K.ARUMUGAM Vs. THE LICENSING AUTHORITY/REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, TAMBARAM, CHENNAI) dated 06.08.2021, this Court had relied upon the judgment of the Division Bench and held that mere Registration of First Information Report, will not be a ground to impound the original license or to make any endorsement therein or suspend the same, if it does not satisfy the requirements of Section 19 (1) of the Motor Vehicles Act, 1988. The said judgment will squarely apply to the facts of the present case.
WP.No.34770 of 2022
Consequently, connection miscellaneous petitions are closed. No costs.
23.12.2022
vrc
To
WP.No.34770 of 2022
N.SATHISH KUMAR, J.
vrc
WP.No.34770 of 2022
23.12.2022
1 issue framed by the court
Whether mere registration of an FIR is a valid ground to suspend or impound a driving license without satisfying the requirements of Section 19(1) of the Motor Vehicles Act, 1988?
Colour shows how this judgement treated each authority
P. Sethuraman vs The Licensing AuthorityFollowed¶28
P.SETHURAMAN Vs. THE LICENSING AUTHORITY, THE REGIONAL TRANSPORT OFFICER, DINDIGUL, 2010 Writ Law Reporter 100
K. Arumugam vs The Licensing AuthorityReferred¶31
K.ARUMUGAM Vs. THE LICENSING AUTHORITY/REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, TAMBARAM, CHENNAI, WP.No.18144 of 2021
2 provisions across 2 enactments
V. Sasikumar
The Transport Commissioner, Chepauk, Chennai
The Regional Transport Officer, Regional Transport Office, Salem -West, Salem District
The Regional Transport Officer, O/o. The Regional Transport Office, Omalur, Salem District
The Inspector of Police, Omalur Police Station, Salem District
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
