P.Elumalai (D.50072) v. The Regional Transport Officer (South-West)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN P.Elumalai (D.50072) S/o.Perumal No.2/4, Desigan Street Thandalam Anna Nagar Chennai 600 077 ... Petitioner Vs.

1.The Regional Transport Officer (South-West) No.47 & 49, Kaliamman Koil Street Sai Nagar, Virugambakkam Chenani 600 092 2.The Inspector of Police R4-Pondy Bazar Traffic Investigation Wing T.Nagar, Chennai 600 017.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first Respondent herein to return the Petitioner's Driving license bearing DL.No.TN-2020080003888 forthwith. For Petitioner : Mr.K.J.Sivakumar 1/4

For Respondents : Mr.A.M.Ayyathurai Government Advocate

O R D E R

This Writ Petition has been filed seeking direction to the first Respondent herein to return the Petitioner's Driving license bearing DL.No.TN2020080003888 forthwith. 2.Heard the learned counsel appearing on behalf of the Petitioner and learned Government Advocate appearing on behalf of the Respondents. 3.The vehicle driven by the Petitioner as driver in the Transport Corporation Bus was met with an accident on 31.12.2022 and his license seems to have been impounded by the police and handed over to the RTO and show cause notice was also issued under Section 19(1) of the Motor Vehicles Act on 16.01.2023.

4.In this regard, the learned counsel for the Petitioner relied upon the judgment made by the Division Bench of this Court in W.A.(MD).No.176 of 2009 and order made by this Court in WP(MD).No.12345 of 2022 dated 2/4

17.06.2022, whereby this Court categorically held that the authorities have no power to impound the driving license, but they can take action for cancellation of license. In this case, without conducting any enquiry, the driving license of the Petitioner was impounded and hence, I hereby ordered for the release of the driving license of the Petitioner within a period of three days, from the date of receipt of a copy of this order.

5.The learned Government Advocate is directed to inform the RTO about the passing of this order and it is hereby made clear that the passing of this order does not interfere with the statutory proceedings to be initiated and action taken by the Respondents under the Motor Vehicles Act against the Petitioner. 6.With these directions, this Writ Petition is allowed. No costs. 20.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

RMT.TEEKAA RAMAN.J, sai To 1.The Regional Transport Officer (South-West) No.47 & 49, Kaliamman Koil Street Sai Nagar, Virugambakkam Chenani 600 092 2.The Inspector of Police R4-Pondy Bazar Traffic Investigation Wing T.Nagar, Chennai 600 017.

Dated: 20.03.2023 4/4