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Madras High CourtWP/2761/2019dismissed as infructuous

P.Saravanan v. The Licensing Authority /

2019-02-14Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.2761 of 2019 P.Saravanan

...Petitioner

Vs 1.The Licensing Authority / Regional Transport Officer Pollachi, Coimbatore District.

2.The Inspector of Police, Pollachi Town Police Station, Pollachi, Coimbatore District.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to return the original Driving License Number TN 33Y 1997 0000032 of the petitioner.

For Petitioner : Mr.A.Sundaravadhanan For Respondents : Mr.B.Anand, Government Advocate

O R D E R

It is the case of the petitioner that on the basis of the complaint dated 05.01.2019 before the second respondent, an FIR has been registered in Crime No.4 of 2019 for offences under Sections 279, 337 and 304A IPC and the petitioner, who is working as Driver in Tamil Nadu State Transport Corporation (Coimbatore) Limited, was placed under suspension from 07.01.2019, pending enquiry. According to the petitioner, the second respondent, after registration of FIR, sent a communication to the first respondent along with the driving license of the petitioner for cancelling his driving license and upon receipt of the communication from the second respondent, the first respondent issued a show cause notice to the petitioner on 08.01.2019 and directed the petitioner to submit explanation. The petitioner also submitted his explanation, but no order has been passed. Hence this writ petition for a direction to return the original driving license of the petitioner to him.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned Government Advocate appearing for the respondents has submitted that the first respondent has passed an order on 07.01.2019 suspending the license of the petitioner temporarily from 05.01.2019 to 04.07.2019 and also directing the petitioner to comply with certain conditions to get back the driving license.

3.At this juncture, the learned counsel for the petitioner sought permission of this Court to challenge the said order dated 07.01.2019.

4.In view of the above submission made by the learned counsel for the petitioner, the writ petition has become infructuous. Hence the writ petition is dismissed as infructuous granting liberty to the petitioner to challenge the order dated 07.01.2019 passed by the first respondent, in the manner known to law, if he is so advised. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KM To 1.The Licensing Authority / Regional Transport Officer Pollachi, Coimbatore District.

2.The Inspector of Police, Pollachi Town Police Station, Pollachi, Coimbatore District.

+1cc to Mr.A.Sundaravadanan, Advocate SR.No.13630 +1cc to Government Pleader, High Court, Madras SR.No.14662 W.P.No.2761 of 2019 CA(CO) GMY(06/03/2019) https://hcservices.ecourts.gov.in/hcservices/