R.Lakshminarayanan, v. Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7238 of 2018 R.Lakshminarayanan .. Petitioner Vs.
1.
The Inspector of Police Traffic Investigating Wing, Coimbatore East Police Station Coimbatore.
2.
The Licensing Authority cum Regional Transport Officer, Coimbatore South, Peelamedupudur, Coimbatore-4.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent herein to return the original driving licence (D.L.No.TN37 19850006304) to the petitioner forthwith. For Petitioner : Mr.K.Hariharan For Respondents : Mr.R.Govindasamy Special Government Pleader
O R D E R
Mr.R.Govindasamy, learned Special Government Pleader 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 second respondent to return the petitioner's original driving license bearing D.L.No.TN37 19850006304).
3. Heard both sides.
4. The petitioner is a driver in Tamilnadu State Transport Corporation of Coimbatore. It is stated that the petitioner's driving licence was seized, in pursuant to an accident taken
place on 17.03.2018 and followed by the registration of FIR in Crime No.173 of 2018 under Sections 279 & 304(A) of IPC. Now, the petitioner seeks for return of the driving licence by contending that the second respondent is 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 second respondent is justified in retaining the driving license of the petitioner.
6. The learned counsel for the petitioner has given an undertaking before this Court that the petitioner is ready and willing to discharge his duties immediately, on receipt of the driving licence.
7. 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.
Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar vsi
To 1.
The Inspector of Police Traffic Investigating Wing, Coimbatore East Police Station Coimbatore.
2.
The Licensing Authority cum Regional Transport Officer, Coimbatore South, Peelamedupudur, Coimbatore-4.
+1cc to Mr.K.Hariharan, Advocate SR.No.23673 +1cc to Government Pleader SR.No.24297 W.P.Nos.7238 of 2018 CA(CO) GN(02/04/2018)