G.Selva Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.34101 of 2017 G.Selva Kumar .. Petitioner Vs 1.The Inspector of Police, Traffic Investigation Wing, Besant Nagar Police Station, Chennai 600 020.

2.The License Authority cum Regional Transport Officer, Chennai South, Sholinganallur, Chennai 600 119.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to return the original driving license bearing D.L.No. TN 72 19926003275 issued by the RDO Valliyur, Thirunelveli, of the petitioner forthwith to the petitioner so as enabling him to join the duty in the Transport Corporation.

For Petitioner :

Mr.S.Ravi For Respondents:

Mrs.M.E.Raniselvam, Additional Government Pleader * * * * *

O R D E R

Heard Mr.S.Ravi, learned counsel appearing for the petitioner and Mrs.M.E.Raniselvam, learned Additional Government Pleader for the respondents. With the consent of the learned counsel appearing for the petitioner and learned Additional Government Pleader, the Writ Petition is taken up for final disposal at the admission stage itself.

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2.The petitioner herein is working as a driver in Metro Transport Corporation. On 06.10.2017, a passenger travelling in the bus driven by the petitioner appears to have fallen down. In this regard a criminal case was registered against the writ petitioner.

3.The first respondent while conducting investigation to the said criminal case seized the writ petitioner's original Driving License bearing No.TN 72 19926003275. Hence, this writ petition has been filed for directing the first respondent to return the same. The issue is no longer res integra. It is covered by a decision of the Division Bench of this Court in the case of Sethuram Vs. The Licensing Authority, The Regional Transport Officer (Dindigul) reported in 2010 WLR 100, I therefore, direct the respondents to return the original Dirving License of the petitioner bearing No.TN 72 19926003275 forthwith. 4.Accordingly, the Writ Petition stands allowed. However, there shall be no order as to costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar ah To 1.The Inspector of Police, Traffic Investigation Wing, Besant Nagar Police Station, Chennai 600 020.

2.The License Authority cum Regional Transport Officer, Chennai South, Sholinganallur, Chennai 600 119.

+1cc to Mr.S.RAVI Advocate, S.R.No. 92637 +1cc to the Government Pleader, S.R.No. 92651 W.P.No.34101 of 2017 TR(02/01/2018) https://hcservices.ecourts.gov.in/hcservices/