J.Arockiam v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.33667 of 2016 & WMP.No.29052 of 2016 J.Arockam, S/o.M.Jesu, Door No.3/3A, M.Karaisalkulam, Melapasalai Post, Manamadurai Taluk, Sivagangai District.

.. Petitioner

Versus

1.The Regional Transport Officer, Thiruppur, Thiruppur District.

2.The Inspector of Police, Thiruppur North Police Station, Thiruppur District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondents to return the petitioner's driving license to him forthwith.

For Petitioner : Mr.C.K.Chandrasekkar For Respondents : Mr.K.J.Sivakumar, Govt. Advocate

O R D E R

Mr.K.J.Sivakumar, learned Government Advocate takes notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. In this writ petition, the petitioner seeks to direct the respondents to return his driving licence.

3. It is the case of the petitioner that he is a driver in the Tamil Nadu State Transport Corporation (Kumbakonam) and in the accident that occurred on 23.08.2016, a person, who was travelling in bicycle, injured. Subsequently, the second respondent police had registered a case under Section 304-A of the Indian Penal Code. The second respondent handed over the driving licence of the petitioner to the first respondent. Hence the above writ petition.

4. The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is covered by a decision of this Court in the case of R.Ravi vs. Regional Transport Officer, Transport Department, Chennai -

78. [reported in 2015 (2) CTC 626] wherein it has been held as follows:

"Following the ratio laid down by the Division Bench of this Court reported in P.Sethuram vs. the Lincesing Authority, the Regional Transport Officer, Dindigul, 2009 (2) TN MAC 252 (DB) : 2010 WLR 100, the impugned order passed by the Respondent is liable to the set aside and accordingly, the same is set aside. The Respondent is directed to return the Driving Licence of the petitioner within a week from the date of receipt of a copy of this order. However, it shall not preclude the Respondent from initiating any action, if any of the contingencies specified in 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."

5. Mr.K.J.Sivakumar, learned Government Advocate appearing for the respondent also submitted that the issue is covered by the judgement of this Court reported in 2015 (2) CTC 626 (cited supra).

6. Having regard to the submissions made by the learned counsel on either side, following the ratio laid down in the said judgment, the first respondent is directed to return the driving license of the petitioner within a week's time from the date of receipt of a copy of this order. However, it shall not preclude the respondents from initiating any action, 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 said Act, are violated.

With this observation, the writ petition is allowed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar pbn

To 1.The Regional Transport Officer, Thiruppur, Thiruppur District.

2.The Inspector of Police, Thiruppur North Police Station, Thiruppur District.

+1cc to M/s. C.K. Chandrasekaran, Advocate, S.R.No.57550 +1cc to the Government Pleader, S.R.No.57512 SM(CO) EU(17/10/2016) W.P.No.33667 of 2016