Madras High CourtWP/22242/2018dismissed

K.Baskaran, v. Regional Transport Officer,

2018-09-05Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.22242 of 2018 K.Baskaran ... Petitioner Vs.

1.Regional Transport Officer, Anna Nagar Regional Transport Office, (North West) Anna Nagar, Chennai-600 102.

2.The Inspector of Police,(TIW) Traffic Investigation wing, Anna Nagar, Chennai-600 040 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the representation dated 24.08.2018 for returning the petitioner's original driving license, TN/10/19910000005 dated 13/09/1991 to the petitioner. For Petitioner : Mr.V.Vijakumar For Respondents : Mr.Neelakandan Government Advocate

O R D E R

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

2. According to the petitioner, petitioner is the driver in the Metropolitan Transport Corporation, Chennai and a bus driven by him was met with an accident on 27.07.2018. Based on that, a criminal case was registered against him in Crime No.179 of 2018 under Sections 279, 337, and 304(A) of IPC by the second respondent police. Immediately, his licence was seized by the second respondent and he produced the same before the first respondent. The first respondent without initiating any proceedings under section 19(1) of the Motor Vehicles Act, holding the licence with them. Hence, the present Writ Petition has been filed.

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3. Today, when the matter is taken up for hearing, the learned Government Advocate, appearing for the respondents submitted that already an enquiry was conducted under Section 19(1) of the Motor Vehicles Act and final order was also passed suspending the petitioner's licence for a period of six months from 08.08.2018 to 07.02.2019.

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 first 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.

mrp/rst Sd/- Assistant Registrar(CS-CO) // True Copy// Sub Assistant Registrar To 1.The Regional Transport Officer, Anna Nagar Regional Transport Office, (North West) Anna Nagar, Chennai-600 102.

2.The Inspector of Police,(TIW) Traffic Investigation wing, Anna Nagar, Chennai-600 040.

+ 1 CC TO THE GOVT. PLEADER, SR 61233 + 1 CC TO MR.V.VIJAYAKUMAR, ADVOCATE SR 61638 KR/9/10/18 W.P.No.22242 of 2018 https://hcservices.ecourts.gov.in/hcservices/