← Library
Madras High CourtWP/2058/2019disposed of

V.Mohan v. The Regional Transport Officer

2019-03-14Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.2058 of 2019 V.Mohan

...Petitioner

Vs.

1.The Regional Transport Officer, Office of the Regional Transport Office, Salem West, Salem District - 636 005.

2.The Inspector of Police, Pallapatti Police Station, Salem - 636 009.

...Respondents

Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in Proceedings Se.Mu.A.No.48373-A3-2018 and quash the order dated 07.09.2018 and further direct the first respondent to return the driving license of the petitioner bearing DL.No.TN27 1984 0001034 forthwith.

For Petitioner :

Mr.S.Balaji For Respondents:

Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The prayer in the Writ Petition is for issuance of Writ of Certiorarified Mandamus, to call for the records of the first respondent and quash the order dated 07.09.2018 and for direction to the first respondent to return the driving license of the petitioner bearing DL.No.TN27 1984 0001034 forthwith.

2. The learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the decision of this Court in W.P.No.5009 of 2019 & etc., batch, https://hcservices.ecourts.gov.in/hcservices/

dated 05.03.2019 and this was also fairly acceded by the learned Special Government Pleader. Hence, the order passed in W.P.No.5009 of 2019 and etc. batch, dated 05.03.2019 will hold good for the present Writ Petition also.

3. Accordingly, this Writ Petition is disposed of with the following directions:- (i) The petitioner is permitted to make an application to the Regional Transport Officer concerned, within a period of one week from the date of receipt of a copy of this order; (ii) If any application is received, the Regional Transport Officer concerned shall consider such application and pass appropriate orders for issuing temporary acknowledgment as per Section 206(3) of the Motor Vehicles Act within a period of one week thereafter;

(iii) It is made clear that such application will be considered only on receipt of the original driving license from the concerned Station House Officer.

No costs r n s Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Regional Transport Officer, Office of the Regional Transport Office, Salem West, Salem District - 636 005.

2.The Inspector of Police, Pallapatti Police Station, Salem - 636 009.

+1cc to Mr.S.Balaji, Advocate,Sr.No.23848 +1cc to the Govt.Pleader, Vide SR.NO.24748 W.P.No.2058 of 2019 Kak(15/03/2019) https://hcservices.ecourts.gov.in/hcservices/