Senthilmurugan.S. v. Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 21077 of 2018 and W.M.P.No.24726 of 2018 S. Senthilmurugan ... Petitioner Vs

1. The Sub-Inspector of Police, Palladam Police Station, Palladam - Taluk, Tiruppur - Dt.

2. The Regional Transport Officer, (Licensing Authority) Regional Transport Office, Tiruppur - South, Tiruppur - 638 601

3. The General Manager, Tamil Nadu State Transport Corporation Ltd., Regional Office, Coimbatore, 37, Mettuppalayam Road, Coimbatore - 641 043.

4. The Deputy Transport Commissioner, Collectorate, Tiruppur - 638 601 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 2nd respondent to return the original driving licence No.TN41X20040001492 of him immediately without any endorsement.

For Petitioner :Mr.A.Rajendiran For Respondents :Mrs.Ramya Revathi, Gov. Adv. for R1

: Mr.P.KannanKumar, Standing counsel , for R3 : Mr.A.N.Thambidurai, Spl. G.P. for R2 and R4

O R D E R

This writ petition has been filed seeking a direction to the second respondent to return the original driving license to the petitioner.

2. According to the petitioner, petitioner is a driver in the Tamilnadu State Transport Corporation, Coimbatore and a bus driven by him was met with an accident on 29.07.2018. Based on that, a criminal case was registered against him by the first respondent police in Crime No. 755/2018. Immediately, his licence was also seized by the first respondent and produced the same before the second respondent. The second respondent without initiating any proceedings under section 19(1) of the Motor Vehicles Act, holding the licence with them. Hence, he had filed the present Writ Petition.

3. Today, when the matter is taken up for hearing, the learned Special Government Pleader, appearing for the respondents 1 and 2 submitted that already an enquiry was conducted under Section 19(1) of the Motor Vehicles Act and final order was also passed on 27.08.2018 suspending the petitioner's licence for a period of six months.

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

5. Since already the petitioner's licence has been suspended, no further adjudication is required in the writ petition. However, the second respondent is directed to serve a copy of the order passed by him on the petitioner to enable him to approach the appropriate authority challenging the order suspending his license, if so advised. This writ petition is dismissed accordingly with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// mrp/rst Sub Assistant Registrar

To

1. The Sub-Inspector of Police, Palladam Police Station, Palladam - Taluk, Tiruppur - Dt.

2. The Regional Transport Officer, (Licensing Authority) Regional Transport Office, Tiruppur - South, Tiruppur - 638 601

3. The General Manager, Tamil Nadu State Transport Corporation Ltd., Regional Office, Coimbatore, 37, Mettuppalayam Road, Coimbatore - 641 043.

4. The Deputy Transport Commissioner, Collectorate, Tiruppur - 638 601 +1 cc to government pleader SR.NO. 59345 W.P.No. 21077 of 2018 ASK(03/09/2018)