Madras High CourtWP/1208/2018disposed of

C.Suresh v. The Inspector Of Police,

2018-01-19Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:19.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1208 of 2018 C.Suresh ... Petitioner vs.

1. The Inspector of Police, Traffic Investigating Wing, Palladam Police Station, Tirupur District.

2. The Regional Transport Officer, Tirupur South, Tirupur.

3. The Licensing Authority-cum- Regional Transport Officer, Ooty, The Nilgiris District.

..Respondents Writ petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the 2nd and 3rd respondents herein to return the original driving licence (DL.No.TN-43-19990001756) to the petitioner forthwith. For Petitioner : Mr.K.Hariharan For Respondents : Mr.D.Suriyanarayanan, Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus directing the 2nd and 3rd respondents to return the original driving licence (DL.No.TN-43-19990001756) to the petitioner forthwith.

3. Heard both sides.

4. The petitioner is a driver in the Tamilnadu State Corporation of Coimbatore. It is stated that the petitioner's driving licence was seized, in pursuant to an accident that had taken place on 29.11.2017 and followed by the registration of a case under Sections 279 & 304(A) of IPC. Now, the petitioner seeks for return of the driving licence by contending that the respondents are not entitled to seize and retain the driving licence, simply because a criminal case is filed against the petitioner and the same is pending.

5. The learned counsel appearing for the petitioner invited the attention of this Court to the Division Bench decision of this Court 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), wherein, this Court has considered a similar issue and found that even the suspension of the license on the ground that a criminal case is pending, is erroneous. I myself followed the above decisions in similar cases, wherein licence was suspended. Hence, I do not think that the respondents are justified in retaining the driving license of the petitioner.

6. The learned counsel for the petitioner has given an undertaking before this Court that the petitioner is ready and willing to discharge his duties immediately, on receipt of the driving licence.

7. Accordingly, the writ petition is allowed and the 2nd & 3rd respondents are directed to return the driving license of the petitioner immediately on receipt of a copy of this order. However, it shall not preclude the 2nd and 3rd respondents from initiating any action, if any of the contingencies specified in Clauses (a) to (h) of Section 19(1) of the Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) of the Act, are violated. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsi

1. The Inspector of Police, Traffic Investigating Wing, Palladam Police Station, Tirupur District.

2. The Regional Transport Officer, Tirupur South, Tirupur.

3. The Licensing Authority-cum- Regional Transport Officer, Ooty, The Nilgiris District.

+1cc to Mr.K.Hariharan, Advocate, S.R.No.4028 W.P.No.1208 of 2018 GMR(CO) RRK(22/01/2018)