K.Thiruvettaiselvam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.12512 of 2018 K.Thiruvettaiselvam ... Petitioner Vs.

1.The Inspector of Police, Traffic Investigating Wing, Periyanaickenpalayam Police Station, Coimbatore District.

2.The Licensing Authority-cum- Regional Transport Officer, Mettupalayam, Coimbatore District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the 2nd respondent herein to return the original driving license (D.L.No.TN38 20060042005) to the petitioner forthwith. For Petitioner : Mr.K.Hariharan For Respondents: Mr.M.Elumalai Government Advocate

O R D E R

The petitioner who was working as a driver in the Transport Corporation was involved in an accident while performing his duty. In the course of investigation, the driving license of the petitioner has been seized and retained by the respondents. The petitioner seeks a Writ of Mandamus directing the 2nd respondent viz., The Licensing Authority-cum-Regional Transport Officer to return the original driving license to him.

2. The issue is no longer resintegra. It is covered by the decision of the Division Bench in P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer reported in 2010 WritLR 100 and the order of the learned Single Judge in M.Kannan Vs. The Inspector of Police and another in W.P.No.27095 of 2017. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the same, the Writ Petition will stand allowed and there will be a direction to the respondents to return the original driving license of the petitioner, within a period of two weeks from the date of receipt of a copy of this order. However, it shall not preclude the respondents from initiating any action, if any of the contingencies specified in Clause (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/- Vacation Officer //True Copy// Sub Assistant Registrar dsa To 1.The Inspector of Police, Traffic Investigating Wing, Periyanaickenpalayam Police Station, Coimbatore District.

2.The Licensing Authority-cum- Regional Transport Officer, Mettupalayam, Coimbatore District.

+1cc to Mr.K.Hariharan, Advocate Sr.No.33668 +1cc to Government Pleader Sr.No.33845 KGK(CO) sm:18.5.2018 W.P.No.12512 of 2018 1/2 https://hcservices.ecourts.gov.in/hcservices/