M.Riswan v. The Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2016 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.22960 of 2016 M.Riswan ... Petitioner Vs 1.The Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Assistant License Issuing Authority, Poonamallee Regional Transport Office, Poonamallee, Chennai-600 056.

3.The Regional Transport Officer, Ambattur Regional Transport Office, Ambattur, Chennai-600 053.

4.The Inspector of Police, Traffic Investigation Wing, T12 Poonamalee Police Station, Chennai-600 056.

5.The Branch Manager, Ambattur Estate Depot., Chennai-600 053.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 to 4 to return the petitioner's driving license in D.L.No.TN 01 19950004388 enable him to join and continue his service in the fifth respondent Transport Corporation.

For petitioner ... Mr.A.Rajesh Kanna For respondents 1 to 4 ... Mr.M.L.Mahendran Government Advocate For 5th respondent ... Mr.P.Kannan Kumar

O R D E R

Heard Mr.A.Rajesh Kanna, learned counsel appearing for the petitioner; Mr.M.L.Mahendran, learned Government Advocate, accepting notice on behalf of respondents 1 to 4 and Mr.P.Kannan Kumar, learned counsel, accepting notice on behalf of the fifth respondent. With the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the respondents 1 to 4 to return the petitioner's driving license in D.L.No.TN 01 19950004388.

3. It is the case of the petitioner that even before the completion of the criminal case registered against the petitioner under Sections 279 and 383 of IPC; after the death of the pedestrian, the offence under Sections 279 and 383 of IPC got altered as 304(A) of Indian Penal Code in Crime No.676 of 2016, dated 18.06.2016, by the 4th respondent, the Driving License was seized by the fourth respondent and the same was forwarded to the third respondent-Regional Transport Officer, Ambattur, for cancellation and accordingly, the third respondent has seized the petitioner's driving license.

4.The issue involved in the present Writ Petition is covered by the decision of a Division Bench 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] wherein the Division Bench held that the respondents 1 to 4 cannot seize the Driving License before the completion of the criminal case.

5. Mr.M.L.Mahendran, learned Government Advocate taking notice for the respondents submitted that the issue involved in the present Writ Petition is covered by the decision referred above.

6.In these circumstances, following the ratio laid down in the decision reported in 2010 Writ L.R. 100 [P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul], the respondents 1 to 4 are directed to return the driving license to the petitioner forthwith on production of a copy of this order. However, it is open for the respondents 1 to 4 to proceed in accordance with law after issuing notice.

7.With this observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar r n s To 1.The Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Assistant License Issuing Authority, Poonamallee Regional Transport Office, Poonamallee, Chennai-600 056.

3.The Regional Transport Officer, Ambattur Regional Transport Office, Ambattur, Chennai-600 053.

4.The Inspector of Police, Traffic Investigation Wing, T12 Poonamalee Police Station, Chennai-600 056.

5.The Branch Manager, Ambattur Estate Depot., Chennai-600 053.

+1cc to Mr.A. Rajesh Kanna, Advocate, S.R.No.37892 +1cc to Mr.P. Kannan Kumar, Advocate, S.R.No.37629 +1cc to the Government Pleader, S.R.No.37792 RK(CO) EU(23/07/2016) W.P.No.22960 of 2016