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2009 DIGILAW 1847 (MAD)

A. John Joseph v. Licensing Authority, Trichy

2009-06-19

M.SATHYANARAYANAN

body2009
O R D E R:- The petitioner is employed as permanent driver in the services of Tamil Nadu State Corporation (Kumbakonam Limited (Trichy Region), from the year 1993. At present, the petitioner is working at Madurai Branch of Tamil Nadu State Corporation. The vehicle driven by the petitioner has caused the death of the pedestrian on 17.05.2009 and consequently, a case in Crime No. 460 of 2009 was registered by Manapparai police station against the petitioner for the alleged commission of offence Under Section 304(A) of I.P.C. 2. The bus was produced for inspection before the Motor Vehicle Inspector on 18.05.2009 and the said official directed the petitioner to produce his driving license. Accordingly, he gave the driving license to the said official. The Motor Vehicle Inspector after getting the driving license from the petitioner, in turn, had handed over to the respondent. 3. The petitioner has approached the office of the respondent for return of his driving license and in this regard, he has also submitted a representation dated 22.05.2009, for return of the driving license. In spite of such representations, the driving license has not been returned and hence, this petitioner has filed this Writ Petition, praying for the return of the driving license. 4. Heard the submissions of Mr.S.Arunachalam, the learned counsel for the petitioner and Mr.R.Manoharan, the learned Standing Counsel appearing for the respondent. 5. Section 19 of the Motor Vehicles Act 1988, speaks about the power of licensing authority to disqualify from holding driving license or revoking any such license. Sub Section 1 of Section 19 of the Act, contemplates that if a licensing authority satisfied with regard to the reasons enumerated in the said provisions and after coming, the holder of the driving license and an opportunity has been given him to pass an order disqualifying that person for a specified period for holding or obtaining any driving license to drive all or any classes descriptions of vehicles specified in the license; or revoke any such license only after passing orders under Sub Section 1 of Section 19 of the Act. The competent authority, the holder of driving license is required to forthwith surrender his driving license to the licensing authority or and if the driving license has not already been surrendered, the licensing authority called upon him to do certain acts as contemplated under Sub Section 2 of Section 19 of the Act. The competent authority, the holder of driving license is required to forthwith surrender his driving license to the licensing authority or and if the driving license has not already been surrendered, the licensing authority called upon him to do certain acts as contemplated under Sub Section 2 of Section 19 of the Act. 6. In the case on hand, admittedly till this date, no notice of the proceedings said to have been initiated by the respondent under Sub-Section 1 of Section 19 of Motor Vehicles Act, have been served on the petitioner. 7. The learned Government Advocate would represent that the fourth respondent is contemplating to initiate the proceedings under Section 19 of Motor Vehicles Act. In the considered opinion of the court, in the absence of any order passed in terms of Sub Sections 1 and 2 of Section 19 of Motor Vehicles Act, it is not open to the respondent to keep the driving license of the petitioner in custody. 8. In the result the Writ Petition is allowed and the respondent is directed to return the driving license to the petitioner within a period of two weeks from the date of receipt of copy of this order. No costs.