K.Ramesh, v. The Transport Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.09.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.28772 of 2016 K.Ramesh
...Petitioner
Vs.
1.
The Transport Commissioner, Chepauk, Chennai- 600 005.
The Regional Transport Authority, Thiruvannamalai Regional Transport Office, Thiruvannamalai The Inspector of Police, Polur Police Station, Thiruvannamalai District.
The Branch Manager, Tamil Nadu State Transport Corporation, Chetpet Thiruvannamalai Zone, Thiruvannamalai District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 to 3 to return the petitioner's driving license in D.L.No.TN 25 20070001090, to enable him to join and continue his service in the fourth respondent/Transport Corporation. For Petitioner : Mr.A.Rajesh Kanna For Respondents 1 to 3 : Mr.K.J.Sivakumar, Government Advocate For Respondent-4 : Mr.P.Kannan Kumar Standing Counsel
O R D E R
With consent on either side, the Writ Petition itself is taken up for disposal at the stage of admission.
The petitioner has filed this Writ Petition, praying for issuance of a writ of mandamus to direct the respondents 1 to 3 to return the petitioner's driving license in D.L.No.TN 25 20070001090, to enable him to join and continue his service in the fourth respondent/Transport Corporation.
At the outset, Mr.A.Rajesh Kanna, the learned counsel for the petitioner would submit that the issue involved in this Writ Petition is covered by the decision of of the Hon'ble Division Bench of this Court, in the case of (P.Sethuram Vs. The Licensing Authority, the Regional Transport Officer, the Regional Transport Officer, Dindigul), reported in (2010) Writ Law Reporter Page 100, wherein, the Division Bench held that respondents cannot seize the Driving Licence even before the completion of the criminal case. The learned counsel further submit that, following the said decision, this Court has disposed of Writ Petition No.22960 of 2016, a copy of which, has been annexed at page No.2 of the typed-set of papers, filed in support of this Writ Petition, and prays that similar direction may be issued in the present Writ Petition as well. Mr.
K.J.Sivakumar, learned Government Advocate, accepting notice for respondents 1 to 3 and Mr.P.Kannan Kumar, learned Standing Counsel, accepting notice for fourth respondent do not dispute the position and agrees that the issue involved in this Writ Petition is covered by the decision rendered in the above referred case.
5.
Thus, in the light of the decision of of the Hon'ble Division Bench of this Court in P.Sethuram's case, (referred supra) following which, many Writ Petitions were disposed of by this Court, one such Writ Petition being W.P.No.22960 of 2016, the present Writ Petition could also be disposed of on the same lines.
6.
Accordingly, this Writ Petition is disposed of by directing the respondents 1 to 3 to return the driving licence to the petitioner forthwith on production of a copy of this order. However, it is open to the respondents 1 to 3 to proceed in accordance with law after issuing notice. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar sd
To 1.
The Transport Commissioner, Chepauk, Chennai- 600 005.
The Regional Transport Authority, Thiruvannamalai Regional Transport Office, Thiruvannamalai The Inspector of Police, Polur Police Station, Thiruvannamalai District.
The Branch Manager, Tamil Nadu State Transport Corporation, Chetpet Thiruvannamalai Zone, Thiruvannamalai District.
+1 cc to the Government Pleader sr 51607 +1 cc to M/s.P.Kannan kumar Advocate sr 51585 +1 cc to M/s.A.Rajesh Kanna Advocate sr 51406 Writ Petition No.28772 of 2016 aa21/09/2016