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Madras High CourtWP/21257/2017disposed of

A.Saravanan v. Inspector Of Police

2017-08-09Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.21257 of 2017 A.Saravanan ... Petitioner Vs.

1. The Inspector of Police, Traffic Investigating Wing, East, Coimbatore City Police Station, Coimbatore.

2. The Licensing Authority-cum- The Regional Transport Officer, Coimbatore South, Peelamedu, Coimbatore.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the second respondent to return the petitioner's original Driving License bearing DL No.TN 39-19950001317 to the petitioner forthwith. For Petitioner : Mr.K.Hariharan For Respondent : Mr.O.Selvam, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the respondent to return the petitioner's original Driving License bearing DL No.TN 3919950001317 to the petitioner forthwith. 2.It is the case of the petitioner that he is a Driver in the Tamil Nadu State Transport Corporation Limited, Coimbatore Division, and in the accident that had occurred on 01.08.2017, the petitioner's Driving License was seized by the first respondent-Inspector of Police, Traffic Investigating Wing, East, Coimbatore City Police Station, Coimbatore, and handed over to the second respondent. According to the petitioner, FIR was registered in Crime No.488 of 2017 under Section 279 and 338 of IPC.

3.The learned counsel appearing for the petitioner submitted that the issue involved in the present Writ Petition is covered by the decision of this Court reported in 2015 (2) CTC 626 [R.Ravi Vs. The Regional Transport Officer, Transport Department, Chennai - 600 078 [Chennai (West)]] wherein it has been held as follows:

"Following the ratio laid down by the Division Bench of this Court reported in P.Sethuram V. The Licensing Authority, The Regional Transport Officer, Dindigul, 2009 (2) TN MAC 252 (DB) : 2010 WLR 100, the impugned Order passed by the Respondent us liable to be set aside and accordingly, the same is set aside. The Respondent is directed to return the Driving Licence of the petitioner within a week from the date of receipt of a copy of this Order. However, it shall not preclude the Respondent from initiating any action, if any of the contingencies specified in Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government, in pursuance of the provisions of the Act, are violated."

4. Mr.O.Selvam, learned Government Advocate appearing for the respondents, submitted that the issue is covered by the judgment of this Court reported in 2015 (2) CTC 626 [R.Ravi Vs. The Regional Transport Officer, Transport Department, Chennai - 600 078 [Chennai (West)]].

5.Having regard to the submissions made by the learned counsel on either side, I direct the second respondent to return the original Driving License (DL No.TN 39-19950001317) of the petitioner within a week's time from the date of 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 Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government, in pursuance of the provisions of the Act, are violated. 6.With this observation, the Writ Petition is allowed. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar

raa To

1. The Inspector of Police, Traffic Investigating Wing, East, Coimbatore City Police Station, Coimbatore.

2. The Licensing Authority-cum- The Regional Transport Officer, Coimbatore South, Peelamedu, Coimbatore.

+1cc to Mr.K.Hariharan, Advocate Sr. 57347 +1cc to Mr.O.Selvam, Advocate Sr. 57525 +1cc to the Government Pleader, Sr. 57954 W.P.No.21257 of 2017 AR(V) VR(11/8/2017)