Madras High CourtWP/15196/2023allowed

S.Parameshwaran v. The Regional Transport Officer

2023-05-10Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Parameshwaran ... Petitioner vs.

1.The Regional Transport Officer, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Kottur Police Station, Tiruvarur District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to return the original Driving License bearing No.TN51 20080001365 within a stipulated time to be fixed by this Court.

For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.A.M.Ayyadurai Government Advocate

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 1/4

2. Mr.A.M.Ayyadurai, learned Government Advocate accepts notice on behalf of the Respondents.

3.This Writ Petition is filed for issuance of a Writ of Mandamus for directing the first respondent to return the Original Driving Licence of the writ petitioner.

4.It is seen that in respect of Crime No.110 of 2023, a case was registered under Section 304(A) of I.P.C. against the petitioner and in pursuance thereof, his Original Driving Licence bearing No.TN51 20080001365, which is valid upto 24.11.2031, has been seized by the second respondent. The petitioner was also suspended on 25.03.2023 for a period of one month in respect of the accident that has occurred. The petitioner has already made representations seeking for return of the Original Driving Licence stating that the accident did not occur due to his negligence.

5.The petitioner's case is that he is unable to join duty by producing his Original Driving Licence to the Management. 2/4

6.Considering the facts and circumstances of the case, this Court, directs the first respondent to return the Original Driving Licence to the petitioner and if required, get necessary undertaking from the petitioner for producing the same, if it is required for further enquiry on appeal, which may be initiated in further course of time.

7.With the above observations, this writ petition is allowed. No costs. 10.05.2023 Index : Yes/No Speaking Order/Non-Speaking Order : Yes/No rsi/vga 3/4

P.B.BALAJI, J.

rsi/vga To 1.The Regional Transport Officer, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Kottur Police Station, Tiruvarur District.

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