R. PANCHUMANI Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THERE are six separate writ petitions filed seeking a common prayer for issuance of a writ of Mandamus to direct the respective respondent Regional Transport Officer to return the driving licence of the petitioners and thus render justice.

(2.) HEARD the learned counsel for the respective parties.

(3.) MR .J.Selvam, learned counsel appearing for the petitioner-Mr.R.Panchumani in W.P.(MD).No.11479/2011 also submitted that the writ petitioner while serving as a driver in the Usilampatti depot of Tamil Nadu State Transport Corporation with the driving license bearing No.TN-59-19890000899 issued on 16.10.1989 met with an accident with his bus bearing No.TN-58-N-1188 on 27.8.2011 that took place near Sri Sakthi Highway Hotel, on the left of Dharauram, Oddanchatram Road. As a result, a case was registered in Crime No.2516 of 2011 under section 279 and 304(A) IPC by the Sub-Inspector of Police, Dharapuram Police station on 28.08.2011 and on the same day, the petitioner's driving licence was impounded. Though, subsequently, he made a representation before the respondent-Regional Transport Officer, Dharapuram, Tirpur District on 20.9.2011, the driving licence impounded from the petitioner-R.Panchumani was not returned till date. The action of the respondent in not returning the driving licence to the writ petitioner without issuing the show cause notice and calling for proper explanation and thereafter, passing final order finding him guilty on the reasons for accident is against section 19(1) of the Motor Vehicles Act 1988 because the respondent cannot impound the petitioner's licence without following due process of law as contemplated under the provisions of the Motor Vehicles Act, 1988.