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Madras High CourtWP/20284/2025disposed of

C. Thirumurugan v. The Regional Transport Officer

2025-06-06Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT AT JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM

THE HON'BLE MRS.JUSTICE N.MALA C. Thirumurugan

...Petitioner

Vs.

1. The Regional Transport Officer, Hosur Taluk, Krishnagiri District.

2. The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

3. The Branch Manager, The Tamil Nadu State Transport Corporation, Krishnagiri Hosur Branch, Dharmapuri Zone, Salem Division.

...Respondent

Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the first respondent to return petitioner's driving licence based on petitioner's representation dated 27.05.2025 within the time frame fixed by this Court and pass orders. 1/6

For Petitioners : Mr.K. Gandhi Kumar For Respondents1 and 3 : Mrs.P. Vijayadevi, Government Advocate For Respondent 2 : Mr.J. Subbiah, Government Advocate

ORDER

Mr.P. Vijayadevi, Government Advocate takes notice for Respondents 1 and 3 . Mr.J. Subbiah, Government Advocate takes notice for the second respondent.

2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has filed the writ for a Writ of Mandamus directing the first respondent to return the petitioner's driving licence based on his representation dated 27.05.2025 within a time frame fixed by this Court.

4. The petitioner was working as a Bus Driver in the 3 rd respondent Corporation. While so, when the petitioner was driving the bus from Krishnagiri to Virupachathiram, the bus met with an accident due to which, the rider of a two wheeler died. Therefore, a complaint was filed by the brother of the 2/6

deceased. Based on the complaint the second respondent registered a case against the petitioner in Cr.No.96 of 2025 under Sections 281, 106(1) of BNS. Thereafter, the 3 rd respondent called for an explanation from the petitioner for the said accident. The petitioner submitted his explanations on 25.03.2025. The petitioner in his explanation submitted that the accident occurred only due to the negligent driving of the deceased and that he is in no way responsible for the accident. However, the second respondent seized the driving licence and handed over the same to the first respondent for further action. The petitioner under the circumstances submitted his representation on 27.04.2025 to the first respondent requesting to return his driving licence to enable him to join duty. Since there was no response for the said representation, the petitioner was constrained to the file the above writ petition for the above said relief.

5. The learned counsel for the petitioner submitted that the issue is this petition is squarely covered by the Judgment of this Court reported in 2015(2) CTC 625 [R. Ravi Vs. The Regional Transport Officer, Transport 3/6

Department, Chennai - 600 078( Chennai West)] and W.P.No.22185 of 2016 dated 11.07.2016. The learned counsel for the petitioner submitted that under similar circumstances this Court in the afore said Judgment, has directed the respondents to return the driving licence to the petitioner therein.

6. Heard both sides and perused the materials available on record.

7. The aforesaid facts are undisputed. In the order passed by this Court in W.P.No.22185 of 2016 on 11.07.2016, the respondent was directed to return the original driving licence of the petitioner therein. As the facts in the present writ petition are identical to the facts of that case, the order passed in the said writ petition squarely applies to this case. Under the circumstances, a direction is issued to the respondents, to return the petitioner's original driving licence immediately on production of the copy of the order. However, the respondents will not be precluded from initiating any action, if any of the contingencies specified in Motor Vehicles Act, arises later or if any of the Rules as prescribed 4/6

by the Central Government, in pursuance of the provisions of the act are violated.

8. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.

06.06.2025 Index:Yes/No Speaking order:Yes/No To.

1. The Regional Transport Officer, Hosur Taluk,Krishnagiri District.

2. The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

3. The Branch Manager, The Tamil Nadu State Transport Corporation, Krishnagiri Hosur Branch, Dharmapuri Zone, Salem Division.

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N.MALA,J.

smn 06.06.2025 6/6