Madras High CourtWP/5235/2018disposed of

M.Sasi, Driver, Staff No.12014 v. The Licensing Authority

2018-03-08Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.5235 of 2018 and WMP.No.6424 of 2018 M.Sasi S/o.Mayan .. Petitioner Vs.

The Licensing Authority / Regional Transport Officer Tiruppur South Tiruppur.

The Inspector of Police Palladam Police Station Tiruppur District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to return the petitioner's original driving license bearing DL.No.TN58 19940001882 to the petitioner within a time limit.

For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.B.Anandan Government Advocate

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus, directing the respondents to return his driving license bearing DL.No.TN58 19940001882.

3. Heard both sides.

4. The petitioner is a driver in the Tamil Nadu State Transport Corporation (Madurai) Ltd. It is stated that the

petitioner's driving licence was seized, in pursuant to an accident taken place on 23.02.2018 and followed by the registration of FIR in Crime No.141 of 2018 under Sections 279, 337 & 304(A) IPC. Now the petitioner seeks for return of the driving licence by contending that the respondents are not entitled to seize and retain the driving licence, simply because a criminal case is filed against the petitioner and the same is pending.

5. The learned counsel appearing for the petitioner invited the attention of this Court to the Division Bench decision of this Court reported in 2010 Writ L.R. 100 (P.Sethuram vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul) and a single Judge decision made in W.P.No.16958/2013 dated 01.07.2013 reported in 2013 Writ L.R.843 (S.Duraivelu vs. The Regional Transport Officer, West Thambaram, Chennai & 2 others), wherein, this Court has considered a similar issue and found that even the suspension of the license on the ground that a criminal case is pending, is erroneous. I myself followed the above decisions in similar cases, wherein licence was suspended. Hence, I do not think that the respondents are justified in retaining the driving license of the petitioner.

6. Accordingly, the writ petition is allowed and the respondents are directed to return the driving license of the petitioner immediately on receipt of a copy of this order. However, it shall not preclude the respondents from initiating any action, if any of the contingencies specified in Clauses (a) to (h) of Section 19(1) of the Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) of the Act, are violated. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mk To 1.

The Licensing Authority / Regional Transport Officer Tiruppur South Tiruppur.

The Inspector of Police Palladam Police Station Tiruppur District.

+1cc to Mr.V.AJOY KHOSE, Advocate, S.R.No. 17964 +1cc to the Government Pleader, S.R.No. 18117 W.P.No.5235 of 2018 GMR(CO) TR(12/03/2018)