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Madras High CourtWP/20853/2018disposed of

S.Ayyappan v. Inspector Of Police,

2018-08-27Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 20853 of 2018 S.Ayyappan ... Petitioner Vs 1.The Inspector of Police, Traffic Investigating Wing K-10, Koyambedu Bazar Police Station Chennai - 107 2.The Licencing Authority-cum- Regional Transport Officer Chennai-North-West Chennai-102.

3. The Motor Vehicles Inspector, Unit Office, Gingee, Villupuram District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the 2nd and 3rd respondent herein to return the Original Driving Licence (D.L.No.TN-32 Y 19940000951) to the petitioner. For Petitioner :Mr.K.Hariharan For Respondents :Mr.E.Neelakandan Government Advocate

O R D E R

This writ petition has been filed seeking direction to the respondents 2 and 3 to return the original Driving Licence to the petitioner.

2. According to the petitioner, he is a driver in Metropolitan Transport Corporation, Chennai and the bus driven

by him was met with an accident on 19.04.2018. Based on that, a criminal case was registered against him in Cr.No.55/KM2/2018. Thereafter, the first respondent/Inspector of Police seized his licence and produced the same before the second respondent under section 19 of the Motor Vehicle Act. The second respondent without initiating any proceedings under Section 19(1) of the Motor Vehicles Act holding the licence with them. Hence, the present writ petition is filed.

3. Today, when the matter is taken up for the hearing, the learned Government Advocate, appearing for the respondents submitted that already an enquiry has been initiated under section 19(1) of the Act and a show cause notice was also issued to the petitioner. But, so far the petitioner did not file his objection and hence, enquiry is pending.

4. I have heard the rival submissions and perused the materials available on records.

5. Considering the fact that as already enquiry has been initiated under section 19(1) of the Act and show cause notice was also issued to the petitioner, the petitioner is directed to submit his objection, before the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to conduct enquiry and pass a final reasoned order on merits and in accordance with law within a period of four weeks thereafter. In the Meantime, the second respondent is directed to return the Licence to the petitioner subject to the result of the enquiry proceedings.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Traffic Investigating Wing K-10, Koyambedu Bazar Police Station Chennai - 107 2.The Licencing Authority-cum- Regional Transport Officer Chennai-North-West Chennai-102

3. The Motor Vehicles Inspector, Unit Office, Gingee, Villupuram District.

+1cc to Mr.K.Hariharan, Advocate, S.R.No.58784 W.P.No. 20853 of 2018 GSP(30/08/2018)