A SEKAR Vs. REGIONAL TRANSPORT OFFICER TIRUPPUR

JUDGEMENT

(1.) BOTH these writ petitions are filed by the respective petitioners aggrieved over the suspension of their driving licence from 6.7.2010 to 5.1.2011 and 13.5.2010 to 12.11.2010 respectively.

(2.) PETITIONER in W.P.No.18042 of 2010 is the holder of driving licence to drive light and heavy vehicles. He is having a badge, which is valid upto 20.7.2011. He is working as driver of a private vehicle in Kangeyam. While he was driving the vehicle bearing registration No.TN-30-T-1071 from Mathur Velapalayam to Kangeyam on 22.5.2010, the said vehicle met with an accident at about 6.15 a.m. at Bungalow Thottam near Puralipalayam to Muthur Four roads. The said accident was reported to the Vellakoil Police Station and a criminal case was registered in Crime No.1034 of 2010 on the same day. He was arrested by the Police and vehicle was also seized. On 23.5.2010 the Motor Vehicle Inspector, Kangeyam inspected the vehicle and the petitioner's driving licence was seized and handed over to the respondent. On 25.5.2010, petitioner requested to return the driving licence. A show cause notice was issued on 14.6.2010 stating as to why the driving licence issued should not be suspended under Section 19 of the Motor Vehicles Act, 1988. PETITIONER submitted his reply on 6.7.2010. Not satisfied with the said reply, petitioner's driving licence is temporarily suspended from 6.7.2010 to 5.1.2011, which is challenged in this writ petition.

(3.) THE respective learned counsel for the petitioners submitted that the suspension of the driving licence can be ordered only under Section 21 or 22 of the Motor Vehicles Act, 1988, on conviction of the holder of the licence. THE impugned orders in these cases are passed by the respondents under section 19(1) of the Act. THE learned counsels relied on the Division bench decision of this Court reported in 2010 WLR 100 (P.Sethuram v. THE Licensing Authority, Regional Transport Office, Dindigul) in support of their contentions.