C GANDHIRAJAN Vs. LICENSING AUTHORITY REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The writ petition has been filed for a certiorarified mandamus to call for the records from the Respondent relating to the order of the Respondent dated 18.1.2010 in Se.Mu.O. No. 23333/B4/2009, quash the same and consequently direct the Respondent to return the driving license of the Petitioner to him.

(2.) The case of the Petitioner is as follows:

(3.) On 19.11.2009, a show cause notice was issued to the Petitioner calling upon him to explain why his licence should not be suspended under Section 19(1) of the Motor Vehicle Act, 1988. The Petitioner submitted his explanation on 30.11.2009. On 5.1.2010, the Respondent conducted an enquiry in which the Petitioner participated and narrated the details about the accident and clearly stated before the Respondent that he was not at all responsible for the accident and there was rash and negligence on the part of the two wheeler. But, without considering the explanation given by the Petitioner, the Respondent passed the order on 18.1.2010 suspending the licence of the Petitioner for six months under Section 19(1)(c) of the Motor Vehicles Act, 1988. The said order passed by the Respondent is challenged in this writ petition.