1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA AND THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.A. (MD) No.202 of 2011 and M.P. (MD) No.1 of 2011 S. Muthu Arul Suresh Appellant/Petitioner vs. The Licensing Authority Regional Transport Officer Regional Transport Office Nagercoil Kanyakumari District Respondent/Respondent Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 27.09.2010 passed in W.P. No.9542 of 2010. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorified Mandamus to call for the records pertaining to the impugned order passed by the respondent vide 17628/01/09 dated 23.06.2009 and quash the same and may consequently direct the respondent to return back the driving license to TN.74/20040001831 to the petitioner. For petitioner : Mr. K.P. Narayanakumar For respondent : Mr. R. Janakiramulu Spl. Govt. Pleader JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This writ appeal is filed as against the order dated 27.09.2010 passed in W.P. No.9542 of 2010. 2. The above said writ petition was filed challenging the order dated 23.06.2009, whereby, the appellant/writ petitioner's driving licence was cancelled. 3. The facts leading to this case are that the appellant/writ petitioner is a Driver by profession; he was issued with driving licence by the respondent in respect of Light Motor Vehicle (Non-transport), Light Motor Vehicle (Transport), Heavy Transport Vehicle and motor cycle with gear; the validity of his non-transport vehicle was upto 2004 and he was also issued with a badge to drive transport vehicle; on 11.04.2007, he met with an accident while driving motor cycle; pursuant to this, the licence issued to him was seized by the Motor Vehicle Inspector and subsequently, the same was also cancelled. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Now, the appellant/writ petitioner's grievance is that the order cancelling his driving licence was passed without issuing any notice to him. However, a perusal of the order of the learned Single Judge reveals that the learned Single Judge has called for the file and on a perusal of the file, the learned Single Judge has a given a finding to the effect that notice has been issued by the department, however, the same was returned as "un-served". But, according to the learned counsel for the appellant/writ petitioner, when the notice has been returned to the department as "unserved", the effect of the same would be that the appellant/writ petitioner was not issued with any notice, consequently, the order by which the petitioner's driving licence was cancelled, should have been set aside. 5. But, the stand of the learned Special Government Pleader is that as against the order of the authority cancelling the appellant/writ petitioner's driving licence, alternative remedy is available to the appellant/writ petitioner and liberty was also given by the learned Single Judge to exhaust the alternative remedy, in spite of this, this writ appeal is filed, consequently, as per the directions issued by the learned Single Judge, the appellant/writ petitioner should approach the appropriate authority before whom the appeal will lie. 6. The appellant/writ petitioner's driving licence was cancelled in the year 2009 and the appellant/writ petitioner also, for a period of nearly two years, as a consequence of the impugned order, could not drive vehicle and it is also not disputed that by profession, the appellant/writ petitioner is a Driver. Even as per the order of the criminal court also, he has been punished for the offences under Section 279 and 338 of the Indian Penal Code in Crime No.35 of 2007. Since the appellant/writ petitioner has already suffered by cancellation of his driving licence as a consequence of which, he could not earn his livelihood and since the punishment has already been undergone by the appellant/writ petitioner for a period of nearly two years, the order dated 23.06.2009 and the order of the learned Single Judge dated 27.09.2010 are set aside and the writ appeal is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To The Licensing Authority, Regional Transport Officer, Regional Transport Office, Nagercoil, Kanyakumari District. + 1 cc to Mr.K.P.Narayanakumar, Advocate, SR No.6134 + 1 cc to The Special Government Pleader, SR No.5979 W.A. (MD) No.202 of 2011 10.03.2011 cad RJ/28.3.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/