M.Murugan, Driver v. The Licensing Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 18674 of 2018 M.Murugan ... Petitioner Vs 1.The Licensing Authority, Regional Transport Office, Poonamallee Chennai.

2.The Inspector of Police T-12Traffic Investigation wing, Poonamallee Chennai, 3.The General Manager, Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 to 2 to return the Driving license of the petitioner.

For Petitioner :Mr.R.Y.George Williams For Respondents :Mr.A.N.Thambidurai Special Government Pleader for R1 and R2 : Mr.P.KannanKumar Standing Counsel, for R3

O R D E R

This writ petition has been filed seeking a direction to the first respondent to return the original driving licence to the petitioner.

2. According to the petitioner, petitioner is the driver in the Metropolitan Transport Corporation, Chennai and a bus driven by him was met with an accident on 12.06.2018. Based on that, a criminal case was registered against him in Crime

No.694 of 2018. Immediately, his licence was also seized by the second respondent and produced the same before the first respondent. The first 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 submitted that already an enquiry was conducted under Section 19(1) of the Motor Vehicles Act and final order was also passed suspending the petitioner's licence for a period of six months from 12.06.2018 to 11.12.2018.

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 first 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 VI) //True Copy// Sub Assistant Registrar mrp/rst To 1.The Licensing Authority, Regional Transport Office, Poonamallee Chennai.

2.The Inspector of Police T-12Traffic Investigation wing, Poonamallee Chennai,

3.The General Manager, Metropolitan Transport Corporation Ltd, Pallavan Salai, Chennai-2 +1cc to Mr.R.Y.George williams, Advocate sr.no.58716 +1cc to Government Pleader sr.no.60619 +1cc to Mr.P.KannanKumar, Advocate sr.no.61052 W.P.No. 18674 of 2018 ss(co) nr 11/10/2018