N.Durai Arunachalam, v. The Regional Transport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.05.2017
CORAM
THE HONOURABLE Mr. JUSTICE K.KALYANASUNDARAM W.P.No.12366 of 2017 N.Durai Arunachalam
...Petitioner
Versus
The Regional Transport Officer, Regional Transport Office, Udumalpet Road Pollachi Coimbatore District.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus directing the Respondent to return the Petitioner's Original Driving Licence bearing D.L.TN58 19970012396 to the Petitioner forthwith.
For Petitioner : Mr.C.Prakasam For Respondent : Mr.P.Sanjai Gandhi Additional Government Pleader
O R D E R
Mr.P.Sanjai Gandhi, learned Additional Government Pleader takes notice for the respondent and by consent of the parties, the main writ petition itself is taken up for final disposal.
2. The petitioner seeks for a mandamus directing the Respondent to return the Petitioner's Original Driving Licence bearing D.L. TN58 19970012396 to the Petitioner forthwith.
3. It is seen that the petitioner is the driver employed in the Tamil Nadu State Transport Corporation Limited, Kovai Region, Tirupur Division, Udumalpet Branch and his driving license was seized in pursuant to an accident took place on 19.03.2017, which has resulted in loss of life of a lady while crossing the road. A criminal case in Crime No.79 of 2017 was registered against the petitioner for the alleged offences under sections 279 and 304-A IPC. It is further stated that the license of the petitioner is not suspended so far and no proceedings in any form was issued to the petitioner till this
date. Therefore, it is contended by the petitioner that the seizure of the license and retaining the same is erroneous merely because the criminal case was registered against the petitioner in respect of an accident. Learned counsel for the petitioner, in support of his contention relied on the decision reported in 2010 Writ L.R. 100 (P.Sethuram vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul) and a single Judge decision made in W.P.No.16958/2013 dated 01.07.2013 reported in 2013 Writ L.R.843 (S.Duraivelu vs. The Regional Transport Officer, West Thambaram, Chennai & 2 others).
4. Learned counsel appearing for the respondent submitted that the license of the petitioner was seized since an accident had taken place, which resulted in a loss of life on 19.03.2017, while the petitioner was driving the vehicle.
5. Heard both sides.
6. It is seen that the petitioner's driving license was seized pursuant to the accident that had taken place on 19.03.2017 followed by the registration of the criminal case. It is further seen that the license of the petitioner has not been suspended so far. Even in respect of the cases where the license were suspended, this Court in the above referred cases, has held that the authorities are not entitled to suspend the license merely because the criminal case is registered against the petitioner. Therefore, the petitioner is entitled to get back the license, however, with liberty to the respondent to proceed against the petitioner in accordance with law.
7. Accordingly, the writ petition is allowed and the respondent is directed to return the driving license of the petitioner immediately on 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 Clauses (a) to (h) of Section 19(1) of the Act, arises later or if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) are violated. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
rts To The Regional Transport Officer, Regional Transport Office, Veerapandi Division, Tirupur (South), Tirupur.
+1cc to M/S.C.Prakasam, Advocate Sr. 37209 (25/5/2017) W.P.No. 12366 of 2017 MG(CO) VR(25/5/2017)