1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9759 of 2011 K.Muniasamy ...Petitioner Vs 1.The Regional Transport Officer and Regional Transport Office, Madurai North, Madurai. 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai. ...Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the first respondent to return the driving licence of the petitioner. For petitioner ...M/s.Kara Associates For respondents ...Mr.T.S.Mohammed Mohideen, Addl. Government Pleader O R D E R Mr.T.S.Mohammed Mohideen, Additional Government Pleader, takes notice for the respondents. 2. Petitioner, when he was on his wheels in a transport corporation bus bearing registration No.TN38-N-1254 and suspended on 26.07.2011 and alleged to have caused a death of one Mr.Murugan, a motorist, in an accident, said to have occurred on 22.07.2011, pursuant to registration of a case under Section 279, 337 and 304(A) IPC, has approached this Court for a mandamus directing the Regional Transport Officer, Madurai North, Madurai, to return his driving licence on the ground that the first respondent has no jurisdiction or authority to retain his driving licence pending disposal of any proceeding and unless the criminal Court of competent jurisdiction records finding of guilt, retention of the licence is bad. 3. It is also the contention of the petitioner that though a representation, dated 04.08.2011, has already been made on a response to the show cause notice, no orders have been passed so far, which has necessitated the petitioner to seek for a mandamus. 4. On this day, when the matter came up for hearing, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, on instructions, submitted that the licence, which was seized by the police, is now in the custody of the Regional Transport Officer, Dindigul and not with the first respondent. In addition to the above, he submitted that pursuant to a show cause notice, orders were passed on 04.08.2011 by the https://hcservices.ecourts.gov.in/hcservices/ 2 competent authority, under Section 19 of the Motor Vehicles Act 1988 (hereinafter referred to as 'the Act') and in such circumstances, the mandamus sought for has to be rejected. It is also his contention that if at all the petitioner is aggrieved over the order made under Section 19 of the Act, an appeal is provided under the Act. For the aforesaid reasons, he prayed dismissal of the writ petition. 5. Heard the learned counsel for the parties and perused the materials available on record. 6. First of all, the first respondent is not a necessary and proper party, the petitioner has not arrayed the Regional Transport Officer, Dindigul Region as a party to this writ petition. Secondly, as orders, on the proceedings initiated under Section 19 of the Act, have already been passed by the Regional Transport Officer, Dindigul Region on 04.08.2011 itself, as rightly contended by the learned Additional Government Pleader, the petitioner has to approach the appellate authority provided under the Act. It is well known that writ of mandamus cannot be issued, which would have the effect of nullifying the order passed under the statutory provisions, without there being a challenge to the same in the manner known to law. The issue as to whether the Regional Transport Authority is to record the finding regarding the guilt or otherwise of a driver, while adjudicating a proceeding under Section 19 of the Act, has been elaborately dealt with by this Court in W.P.No.8428 of 2011, dated 12.08.2011. The said decisions squarely applies to the facts of this case. 7. For the reasons stated supra, the mandamus sought for is refused and the writ petition stands dismissed. No costs. SD ASST REGISTRAR ( Writs ) /True Copy/ SUB ASST REGISTRAR RR To 1.The Regional Transport Officer and Regional Transport Office, Madurai North, Madurai. 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai. 1CC TO M/S. KARA ASSOCIATES, ADVOCATE, SR: 29407: 2CC TO THE SPL. GOVT PLEADER SR: 29498 AND 29541: DM:2011:AUGUST:30:: Writ Petition No.9759 of 2011 26.08.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/