E.Karthiresan vs The Regional Transport Officer And on 27 July, 2026

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    Madras High Court

    E.Karthiresan vs The Regional Transport Officer And on 27 July, 2026

                                                                                         W.P.No.29477 of 2026
    
                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                           DATED : 27.07.2026
    
                                                                   CORAM
    
                           THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
    
                                                           W.P.No.29477 of 2026
    
                         E.Kathiresan
                         S/o.Elumalai                                                           ... Petitioner
                                                                    vs.
    
                         The Regional Transport Officer and
                         Licensing Authority
                         Coimbatore Central
                         Dr.Balasundaram Road
                         Coimbatore – 641 018.                                           … Respondent
    
                                      Writ Petition filed under Article 226 of the Constitution of India
                         praying a writ of Certiorarified Mandamus, to call for the records pertaining to
                         the      order    dated   20.07.2026      passed   by   the   respondent   in    File
                         No.36190/B4/2026 disqualifying the petitioner’s original Driving License for
                         a period from 13.07.2026 to 12.08.2026 and consequently, direct the
                         respondent to return forthwith his original driving license bearing Number
                         TN32Z19900000141, without any endorsement and within a specified time.
                                          For Petitioner       :      Ms.G.K.Dharshini
                                          For Respondent       :      Mr.M.Sivavarthanan
                                                                      Government Counsel
    
                                                                   *****
    
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                                                                                         W.P.No.29477 of 2026
    
                                                                ORDER
    

    Mr. M. Sivavarthanan, learned Government Counsel, accepts notice

    for the respondent.

    SPONSORED

    2. The petitioner has called in question the order dated 20.06.2026

    passed by the respondent, whereby he has been disqualified from holding a

    driving licence for the period from 13.07.2026 to 12.08.2026.

    3. The petitioner is a bus driver. A criminal case has been registered

    against him in Crime No.289 of 2026 for offences punishable under Sections

    281 and 106(1) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the

    allegation that he drove the vehicle in a rash and negligent manner, resulting in

    a fatal accident. During the course of investigation, the Investigating Officer

    seized the petitioner’s driving licence and forwarded the same to the

    respondent–Licensing Authority for initiating proceedings for

    disqualification or revocation of the licence. Thereafter, the respondent,

    purportedly in exercise of the power under Section 19(1-A) of the Motor

    Vehicles Act, 1988 (“MV Act”), passed the impugned order.

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    W.P.No.29477 of 2026

    4. Heard the learned counsel appearing for the petitioner and the

    learned Government Counsel appearing for the respondent.

    5. The learned Government Counsel would contend that the act

    attributed to the petitioner constitutes an offence under Section 184(f) of the

    MV Act. It is submitted that the petitioner was afforded an opportunity of

    hearing and that, upon being satisfied that he had committed the said offence,

    the respondent was justified in passing the impugned order under Section

    19(1-A) of the MV Act.

    6. The question that arises for consideration is whether the respondent

    could have invoked Section 19(1-A) of the MV Act in the facts of the present

    case.

    7. Section 19(1-A) of the MV Act provides that where a driving

    licence has been forwarded to the Licensing Authority under sub-section (4)

    of Section 206, the Licensing Authority, after giving the holder of the driving

    licence an opportunity of being heard, may either discharge him or, for

    detailed reasons to be recorded in writing, make an order disqualifying such

    person from holding or obtaining any licence to drive all or any class or

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    W.P.No.29477 of 2026

    description of vehicles specified in the licence—

    (a) for a first offence, for a period of three months; and

    (b) for a second or subsequent offence, by revoking the driving

    licence.

    8. Section 206(4) of the MV Act provides that a police officer or any

    other person authorised in this behalf by the State Government shall, if he has

    reason to believe that the driver of a motor vehicle has committed an offence

    under any of Sections 183, 184, 185, 189, 190, 194-C, 194-D or 194-E of the

    MV Act, seize the driving licence held by such driver and forward it to the

    Licensing Authority for disqualification or revocation proceedings under

    Section 19.

    9. A conjoint reading of Sections 19(1-A) and 206(4) of the MV Act

    makes it clear that the jurisdiction of the Licensing Authority under Section

    19(1-A) is attracted when the driving licence is seized and forwarded under

    Section 206(4) on the ground that the driver is believed to have committed one

    or more of the offences specifically enumerated therein. Thus, the forwarding

    of the licence under Section 206(4) in relation to an offence specified therein

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    W.P.No.29477 of 2026

    is the statutory foundation for exercise of power under Section 19(1-A).

    10. The coordinate bench of this court , vide order dated 07.02.2023

    in W.P.No.3393 of 2023, has held that the seizure of the licence to take action

    under Section 19 is not a mandatory. Irrespective of licence being surrendered

    or produced before the authorities, the action can be initiated by the authorities

    under Section 19 on the report submitted by the police. Therefore, this Court

    is of the view that merely on the basis of the FIR registered, particularly in the

    other IPC offences, the police officer cannot have power to seize the licence. If

    at all any action is contemplated under Section 19, they may forward a report

    to the concerned RTA to take action under Section 19 of the Act. On such

    report the Licensing Authority is satisfied any of the contingencies in clauses

    1(a) to (h) of Section 19 and sub-clause 1A of the Act and after giving an

    opportunity to the holder of the licence may pass an order as contemplated in

    Section 19 of the Act. Therefore, the Police Officer has no authority to seize

    the driving license, and he can only forward a report to the Respondent for

    taking action under Section 19(1) of MV Act.

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    W.P.No.29477 of 2026

    11. In the present case, the material on record indicates that the

    petitioner’s driving licence was seized and forwarded to the respondent in

    connection with Crime No.289 of 2026 registered for offences punishable

    under Sections 281 and 106(1) of the BNS. Neither of these offences finds

    place in Section 206(4) of the MV Act. There is also nothing on record to

    indicate that, at the time of seizure and forwarding of the licence, the

    Investigating Officer had invoked Section 184 of the MV Act or recorded that

    he had reason to believe that the petitioner had committed an offence under

    any of the provisions enumerated in Section 206(4). Therefore , the seizure of

    license by the Police Officer is vitiated for want of authority .

    12. It is true that the respondent now contends that the conduct alleged

    against the petitioner would also constitute an offence under Section 184(f) of

    the MV Act. However, the existence of the jurisdictional requirement under

    Section 206(4) cannot be supplied subsequently by the Licensing Authority.

    For exercise of power under Section 19(1-A), the licence must have been

    seized and forwarded in the manner contemplated under Section 206(4). In the

    absence of material demonstrating that the licence was so seized and

    forwarded for an offence specified in Section 206(4), the respondent could not

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    W.P.No.29477 of 2026

    have assumed jurisdiction under Section 19(1-A) merely by subsequently

    treating the alleged conduct as falling under Section 184 of the MV Act.

    13. There is yet another infirmity in the impugned order. The

    petitioner had submitted a detailed explanation to the show-cause notice

    disputing the allegations and the proposed action. Section 19(1-A) expressly

    requires the Licensing Authority to afford an opportunity of hearing and, if it

    proposes to disqualify the licence holder, to record detailed reasons in writing.

    The requirement of recording reasons necessarily entails consideration of the

    explanation offered by the licence holder.

    14. A perusal of the impugned order does not disclose any

    consideration of the objections raised by the petitioner. Nor does it assign

    reasons as to why those objections were unacceptable or on what material the

    respondent arrived at the conclusion that the petitioner had committed an

    offence under Section 184(f) of the MV Act. A mere conclusion that the

    petitioner had committed the offence, without dealing with his explanation

    and without recording reasons supporting such conclusion, does not satisfy

    the statutory requirement under Section 19(1-A).

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    W.P.No.29477 of 2026

    15. Therefore, the impugned order cannot be sustained on two

    grounds. Firstly, the jurisdictional requirement for invoking Section 19(1-A),

    namely seizure and forwarding of the driving licence under Section 206(4) in

    relation to an offence specified therein, is not shown to have been satisfied.

    Secondly, the impugned order does not disclose consideration of the

    petitioner’s explanation or the detailed reasons contemplated under Section

    19(1-A) of the MV Act.

    16. Accordingly, the Writ Petition is allowed and the impugned order

    dated 20.06.2026 passed by the respondent is hereby quashed. The respondent

    is directed to return the petitioner’s driving licence forthwith.

    17. It is, however, made clear that this order shall not preclude the

    competent authority from taking such action as may be permissible in law

    against the petitioner, if the statutory requirements for initiation of such

    proceedings are otherwise satisfied. No costs.

    27.07.2026
    Speaking / Non-speaking order
    Neutral Citation : Yes / No
    Index : Yes / No
    mk
    Note: Upload forthwith

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    W.P.No.29477 of 2026

    To

    The Regional Transport Officer and
    Licensing Authority
    Coimbatore Central
    Dr.Balasundaram Road
    Coimbatore – 641 018.

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    W.P.No.29477 of 2026

    HEMANT CHANDANGOUDAR, J.,

    mk

    W.P.No.29477 of 2026

    27.07.2026

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