S.Rajapandiyan v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.24247 of 2016 and W.M.P.Nos.20713 and 20714 of 2016 S.Rajapandiyan

...Petitioner

Vs.

The Regional Transport Authority/ Licensing Authority, O/o. Regional Transport Authority, Thiruvallur.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for records, pertaining to the order, dated 16.06.2016, passed by the respondent, in Se.Mu.Aanai. No.E5/18025/2016, and to quash the same, and consequently, to direct the respondent to return the petitioner's original licence, bearing No.TN 73 20120000348, to the petitioner forthwith without any endorsement.

For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.A.Mohammed Mustak Government Advocate

O R D E R

Heard Mr.V.Ajoy Khose, learned counsel appearing for the petitioner, and Mr.A.Mohammed Mustak, learned Government Advocate, accepting notice for the respondent, and with their consent, the Writ Petition is taken up for final disposal. 2.

The petitioner has come up with the present Writ Petition, praying for issuance of a writ of certiorarified mandamus to quash the order passed by the respondent, whereby, the petitioner's driving licence has been suspended, and consequently, to direct the respondent to return the petitioner's original driving license immediately.

3. The case of the petitioner, as given in the affidavit, filed in support of the Writ Petition is that, he has been working as a Reserve Driver in Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region. On 03.04.2016, in and around 07.00 p.m. while he was driving the Bus, bearing Registration No.TN 21-N-1417, from Poonamallee towards Ammaiyarkuppam, near Samathuvapuram, a Motorcyclist came in the opposite direction in a rash and negligent manner, and dashed against the petitioner's Bus, as a result of which, the motorcyclist, sustained head injury. Pursuant to the said accident, a case has been registered against the petitioner, in Cr.No.168 of 2016, for the alleged commission of offence punishable under Section 304(A) IPC and the matter is pending investigation. Owing to the said case, the respondent has suspended the petitioner's driving licence. Being aggrieved by the same, the petitioner is before this Court, with this Writ Petition.

4. The learned counsel for the petitioner would submit that the issue involved in this Writ Petition is covered by a decision of this Court, in W.P.No.22185 of 2016, dated 11.07.2016, which was rendered, following the decision reported in (2015) 2 C.T.C. 625 in (R.Ravi Vs. The Regional Transport Officer, Transport Department, Chennai), wherein, direction was issued to the respondent/Regional Transport Officer to return the Driving Licence to the petitioner. The learned counsel also produced a photocopy of the order, dated 11.07.2016 for reference, and prayed that similar direction may be issued in the present case as well.

5.

The learned Government Advocate for the respondent would submit that relief sought for in the writ petition is covered by the decision of this Court reported in (2015) 2 C.T.C. 625 (cited supra).

6.

In the light of the decision rendered in the above referred case, following which, W.P.No.22185 of 2016, was disposed of by me, the present Writ Petition can also be disposed of on the same lines. Accordingly, the Writ Petition is disposed of, directing the respondent to return the petitioner's original driving license to him forthwith on production of a copy of this order. However, this order will not preclude the respondent from initiating any action against the petitioner, if any of the contingencies, specified under the Motor Vehicles Act, arises later, or if any of the Rules, as prescribed by the Central Government, in pursuance of the

provisions of the Act, are violated. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sd To The Regional Transport Authority/ Licensing Authority, O/o. Regional Transport Authority, Thiruvallur.

1 cc to Mr.V.Ajoykose, Advocate, sr.43333 1 cc to Government Pleader, sr.43618 Writ Petition No.24247 of 2016 nr co kra 03.08.2016