V.Palanisamy, v. The Regional Transport Officer

In the High Court of Judicature at Madras Dated : 17.6.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.19693 of 2016 V.Palanisamy

...Petitioner

Vs 1.The Regional Transport Officer, Salem Road, Sankagiri, Salem District.

2.The Motor Vehicle Inspector, Mettur, Salem.

3.The Inspector of Police, Mecheri Police Station, Mecheri, Salem Dist. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent herein to return the petitioner's driving licence bearing DL.TN-27-V-20000000380 forthwith. For Petitioner :

Mr.A.Ganesan For Respondents :

Mr.A.Zakkir Hussain, Government Advocate

ORDER

Heard both. By consent, the writ petition itself is taken up for final disposal.

2. It is not in dispute that the legal issue as to whether the first respondent can retain the driving licence of the petitioner before the Criminal Court holds the petitioner guilty, has been settled by a decision of the Division Bench of the Madurai Bench of this Court in the case of P.Sethuram Vs. The Licensing Authority, RTO, Dindigul [reported in 2010 W.L.R. 100].

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3. Following the said decision, the writ petition is allowed directing the first respondent to return the driving licence to the petitioner within a period of one week from the date of receipt of a copy of this order. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Regional Transport Officer, Salem Road, Sankagiri, Salem District.

2.The Motor Vehicle Inspector, Mettur, Salem.

3.The Inspector of Police, Mecheri Police Station, Mecheri, Salem Dist.

+1 cc to the Government Pleader High Court Madras sr.33706 +1 cc to Mr.A.Ganesan Advocate sr.33303 WP.No.19693 of 2016 jsv(co) aa29/06/2016 https://hcservices.ecourts.gov.in/hcservices/