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Madras High CourtWP/33863/2016disposed of

N.Elayaperumal v. The Regional Transport

2016-09-27Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.9.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.33863 of 2016 & WMP.Nos.29188 & 29189 of 2016 N.Elayaperumal ... Petitioner Vs The Regional Transport Officer, Perambalur.

... Respondent PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus after calling for the records pertaining to the order dated 10.8.2016 passed by the respondent in Na.Ka. No.21072/A6/2016, quash the same and consequently direct the respondent to return forthwith the petitioner's original licence bearing No.TN 57 19880002293 without any endorsement.

For Petitioner :

Mr.R.Krishnaswamy For Respondent : Mr.V.S.Ramesh, Additional Government Pleader

ORDER

Mr.V.S.Ramesh, learned Government Advocate takes notice for the respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. In this writ petition, the petitioner seeks to quash the proceedings of the respondent suspending the driving licence of the petitioner for a period of six months and to direct the respondent to return his driving licence.

3. It is the case of the petitioner that he is working as a driver in Ariyalur Depot and while he was on duty, in the accident that had occurred on 18.8.2016, an old lady died. Subsequently, the concerned police officials had registered a case under Sections 279 and 304-A of the Indian Penal Code. The

concerned Inspector of Police also handed over the driving licence of the petitioner to the respondent. On receipt of the driving licence, the respondent issued a show cause notice to the petitioner dated 20.6.2016, to which, the petitioner sent his explanation. However, by the impugned order, the respondent suspended the driving the licence of the petitioner for a period of six months from 18.6.2016 to 17.12.2016. 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 Licensing Authority, The Regional Transport Officer, Dindigul, 2009

(2) TN MAC 252 (DB) : 2010 WLR 100, the impugned Order passed by the Respondent us liable to be 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.V.S.Ramesh, learned Government Advocate appearing for the respondent also submitted that the issue is covered by the judgment 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 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 respondent 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.

7. With this observation, the writ petition is allowed. No costs. Consequently, the above WMPs are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar RS To The Regional Transport Officer, Perambalur.

+1cc to Mr.V.Ajoy Khose, Advocate, S.R.No.55150 +1cc to the Government Pleader, S.R.No.56079 W.P.No.33863 of 2016 & WMP.Nos.29188 & 29189 of 2016 NR(CO) CA(05/10/2016)