Allowed

M.Sathyakumar v. The Regional Transport Officer

Madras HC19 Apr 2023WP/7932/2023

Case brief

AI extract

What is this about?

Petitioner, a transport driver involved in a fatal accident, challenged the suspension of his driving license by the Regional Transport Officer pending criminal investigation. The Division Bench jurisprudence was applied to hold that suspension requires meeting specific contingencies absent in pending investigation. The writ petition was allowed, and the suspension order was quashed with a directi

What did the court decide?

The impugned Show Cause proceedings dated 17.02.2023 suspending the driving license were quashed, and the 1st respondent was directed to return the original driving license within one week.

M.Sathyakumar Vs The Regional Transport Officer — Motor Accident Claims | Madras HC (2023)

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W.P.No.7932 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.04.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.No.7932 of 2023

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and WMP Nos.8180 and 8181 of 2023

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M.Sathyakumar ... Petitioner

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-Vs-

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1.The Regional Transport Officer Mettur Dam, Salem District. 2.The General Manager Tamil Nadu State Transport Corporation Limited Salem, Salem District. 3.The Inspector of Police Mettur Police Station Mettur Salem District. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 1st respondent in Show Cause No.TN93/2023/33 dated 17.02.2023 suspending the driving license of the petitioner for 5 months (from 31.01.2023 to 30.07.2023) quash the same and direct the 1st respondent to return the original driving license of the petitioner bearing in DL. No. TN27Y20050003242 to the petitioner.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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For Petitioner Mr.V.Elangovan

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W.P.No.7932 of 2023

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For Respondents Mr.S.Arumugam Government Advocate

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O R D E R

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This writ petition has been filed challenging the proceedings of the first respondent dated 17.02.2023, wherein the driving license of the petitioner has been suspended for a period from 31.1.2023 to 30.07.2023 [5 months and 30 days] and for a consequential direction to the first respondent to return back the original driving license to the petitioner.

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2.The petitioner was working as a driver in the Tamil Nadu State Transport Corporation. On 29.01.2023, there was a fatal accident. A case came to be registered in Crime No.27/2023, against the petitioner for offence u/s 279 and 337 IPC. Subsequently, it was altered to Section 304(A) IPC. It was submitted that the investigation is pending in this case.

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3.The third respondent seized the driving license of the petitioner and it was handed over to the first respondent. The first respondent through impugned

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.7932 of 2023

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proceedings dated 17.02.2023, has suspended the driving license of the petitioner. Aggrieved by the same, the present writ petition has been filed before this Court.

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4.Heard Mr.V.Elangovan, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondents.

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5.The issue that is involved in the present writ petition is squarely covered by the earlier order passed by the Division Bench of this Court in P.Sethuram .v Licensing Authority, Dindigul reported in ( 2010) WLR 100. Several orders have been passed by following the Division Bench judgment. It has been categorically held that where the investigation is pending and the concerned person has not been found guilty of rash and negligent driving, the authority cannot resort to suspension of a driving license u/s 19 of the Motor Vehicles Act, 1988. Such cation can be initiated only if the contingencies specified in Clauses (a) to (b) of Section 19(1) of the Motor Vehicles Act, 1988 is specified. That stage has not been reached in the present case. Hence, this Court has to interfered with the impugned proceedings of the first respondent dated 17.02.2023.

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6.In the result, the impugned proceedings of the 1st respondent in Show Cause

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https://www.mhc.tn.gov.in/judis

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W.P.No.7932 of 2023

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No.TN93/2023/33 dated 17.02.2023, is hereby quashed and there shall be a direction to the first respondent to return back the original driving license to the petitioner within a period of one week from the date of receipt of copy of this order.

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7.This writ petition is accordingly allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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19.04.2023

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Internet : Yes/No Index : Yes/No Speaking Order:Yes/No Neutral Citation :Yes/No

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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