N.Sampath v. Inspector Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.26127 of 2022 N.Sampath ... Petitioner Vs.
1.The Inspector of Police, J-2, Adayar TIW Police Station, Besant Nagar, Chennai-90.
2.The Licensing Authority Cum- Regional Transport Officer, Sholinganallur, Chennai-119.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the 2nd respondent herein to return the original driving license (DL No.TN25 19920000881) to the petitioner forthwith.
Page No. 1 of 5
For Petitioner : Mr.K.Hariharan For Respondents : Mr.S.Rajesh Government Advocate for R1 Mr.V.Veluchamy Additional Government Pleader for R2
ORDER
Mr.S.Rajesh, learned Government Advocate takes notice on behalf of the 1st respondent and Mr.V.Veluchamy, learned Additional Government Pleader takes notice on behalf of the 2nd respondent. 2.This writ petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondents, in the light of the decision of the order passed by this Court in W.P.No.18299 of 2022 vide its order dated 19.07.2022 followed by the Hon'ble Division Bench of the Madurai Bench of this Court in P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul reported in 2010 Writ L.R.100. A Page No. 2 of 5
similar view has already been taken by the Hon'ble Madurai Bench of this Court in W.A.(MD).No.176 of 2009 vide its order dated 22.06.2009 content of which is also extracted in the case of K.Perumal Vs. The Regional Transport Officer, The Regional Transport Office, Sivakasi, Virudhunagar District in W.P.(MD).No.9605 of 2022 vide order dated 12.05.2022.
3.While allowing this writ petition, I make it clear that the views expressed in P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, Dindigul will require a re-consideration as a person accused of serious offence are being allowed to re-claim his/her driving license without even a cooling period immediately after the accident. There is neither remorse by the petitioner nor any deterrence. The respondents are directed to return the driving license of the petitioner within a period of 15 days from the date of receipt of a copy of this order. Page No. 3 of 5
4.Accordingly, this writ petition stands allowed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
06.10.2022 Index : Yes/No Speaking/Non-Speaking Order jas/vsn To 1.The Inspector of Police, J-2, Adayar TIW Police Station, Besant Nagar, Chennai-90.
2.The Licensing Authority Cum- Regional Transport Officer, Sholinganallur, Chennai-119.
Page No. 4 of 5
C.SARAVANAN, J.
vsn/jas and W.M.P.No.26127 of 2022 06.10.2022 Page No. 5 of 5