P.Kothandan v. The Transport Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 15667 of 2018 P.Kothandan ... Petitioner Vs 1.The Transport Commissioner, Chepauk, Chennai-600 005 2.The Assistant License Issuing Authority, Thiruvannamalai, 3.The Regional Transport Officer, Krishnagiri, Krishnagiri District.
4.The Inspector of Police, Mathur Police station, Krishnagiri District.
5.The Branch Manager, Tamil Nadu State Transport corporation, (Villupuram Limited), Thiruvannamalai Zone, Thiruvannamalai,Sidco-III, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 to 4 to return the petitioner's Driving Licence bearing DL.No. TN25 1998 0000618 and enable him to join and continue his service in the fifth respondent Transport corporation.
For Petitioner :Mr.A.Rajesh Kanna For Respondents :Mrs.K.Bhuveshwari for R1 to R4 Additional Government Pleader Mr.P.KannanKumar for R5 Standing Counsel
O R D E R
This writ petition has been filed seeking a direction to the second respondent to return the original driving licence to the petitioner.
2. According to the petitioner, petitioner is a driver in the Tamilnadu State Transport Corporation, Vellore and a bus driven by him was met with an accident on 13.06.2018. Based on that, a criminal case was registered against him by the fourth respondent police in Crime No. 205/2018. Immediately, his licence was also seized by the fourth respondent and produced the same before the third respondent. The third respondent without initiating any proceedings under section 19
(1) of the Motor Vehicles Act, holding the licence with them. Hence, he had filed the present Writ Petition.
3. Today, when the matter is taken up for hearing, the learned Additional Government Pleader, appearing for the respondents 1 to 4 submitted that already an enquiry was conducted under Section 19(1) of the Motor Vehicles Act and final order was also passed on 14.08.2018 suspending the petitioner's licence.
4. I have heard the rival submissions and perused the materials available on record.
5. Since already the petitioner's licence has been suspended, no further adjudication is required in the writ petition. However, the third respondent is directed to serve a copy of the order passed by him on the petitioner to enable him to approach the appropriate authority challenging the order suspending his license, if so advised. This writ petition is dismissed accordingly with the above directions. No costs.
Sd/- Assistant Registrar (CS-V) // True Copy// Sub Assistant Registrar To 1.The Transport Commissioner, Chepauk, Chennai-600 005 2.The Assistant License Issuing Authority, Thiruvannamalai,
3.The Regional Transport Officer, Krishnagiri, Krishnagiri District.
4.The Inspector of Police, Mathur Police station, Krishnagiri District.
5.The Branch Manager, Tamil Nadu State Transport corporation, (Villupuram Limited), Thiruvannamalai Zone, Thiruvannamalai,Sidco-III, +1cc to Mr.A.Rajesh Kanna, Advocate SR.No.59375 W.P.No. 15667 of 2018 KJ(CO) SMI/31.08.2018