S. LAZER Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner's driving licence was seized by the respondent pending enquiry, with regard to the motor accident happened on 03.07.2019 at Avinashi Palayam causing death of a two wheeler rider. To the show cause notice, the petitioner has given his explanation on 30.07.2019. Based on the explanation, the respondent has passed order suspending the driving licence temporarily between 05.07.2019 and 04.01.2020. The said order is impugned in this writ petition.

(2.) The learned counsel for the petitioner would submit that the driving licence cannot be suspended temporarily unless the petitioner is held guilty and convicted by a Court. The respondent has passed the impugned order without Authority and without considering his representation. In support of his submission, the learned counsel would rely upon the judgment of this Court rendered in V.Subramani vs. The Regional Transport Officer (W.P.No.37249 of 2016 dated 24.11.2016).

(3.) Per contra, the respondent has filed counter affidavit wherein, it is stated that, on receipt of the complaint copy regarding the fatal accident caused by the petitioner, the Licensing Authority in exercise of power under Section 19(1) of the Motor Vehicle Act, 1988 (hereinafter referred to as "the Act") has issued a show cause notice to the petitioner on 22.07.2019. The petitioner appeared in person and gave his explanation on 30.07.2019. After giving him opportunity of hearing, the order of temporary suspension of licence was ordered. Considering the materials placed and the explanation given by the petitioner, the order passed on merits and in accordance with law under procedure contemplated under the Act. Hence, the writ petition has to be dismissed.