HC orders notice on plea by car owner
HC orders notice on plea by car owner
CHENNAI: The Madras High Court has ordered notice to the government on a plea by a car owner in Chennai claiming that the police a..

CHENNAI: The Madras High Court has ordered notice to the government on a plea by a car owner in Chennai claiming that the police and transport authorities had no power to suspend his driving licence. Justice M Jaichandren, who is hearing the case, asked the government to respond by next week.In his petition, S G Lokesh Kumar of Anna Nagar West Extension submitted that in case of an accident, the police should not mechanically seize and forward the original driving licence to the Regional Transport Office for suspension. Instead, they should submit it to the jurisdictional judicial magistrate who alone was competent to handle such cases as per Section 206(2) of the Motor Vehicles Act.The petitioner’s counsel, V S Suresh, submitted that on July 31, 2011, two drunk youths, riding a bike in a rash and negligent manner, dashed against Kumar’s car. One of them died in the accident following which, Kumar lodged a complaint with the Abiramapuram police and submitted his driving licence. The police had, instead of investigating further, mechanically forwarded the licence to the RTO, who suspended it for six months. An appeal against the suspension too was rejected.In his petition, Kumar said that as per the Motor Vehicles Act as well as a Division Bench order of the court, a licence-holder had the right to be heard before any decision and the submission should be put on record. He also wanted the court to quash the suspension of the licence.

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