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Madras High CourtWP/8624/2016disposed of

T.Subramaniam v. The Regional Transport Officer

2016-03-09Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2016

CORAM

THE Hon'ble Mr.JUSTICE M. DURAISWAMY W.P.No.8624 of 2016 T. Subramaniam .... Petitioner vs

1. The Regioinal Transport Officer, Tirupur (South), Tirupur

2. The Inspector of Police, Ooragam Police Station, Tirupur District ..... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent herein to return the Petitioner's Driving Licence bearing DL.No.TN3319830003012 which is valid upto 16.12.2018 forthwith.

For petitioner :

Mr.A. Ganesan For respondents :

Mr.A. Zakir Hussain Govt. Advocate

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the first respondent herein to return the Petitioner's Driving Licence bearing DL.No.TN3319830003012 which is valid upto 16.12.2018 forthwith.

2.

It is the case of the petitioner that the first respondent had seized the driving licence, which is valid upto 16.12.2018, even before the completion of the criminal case, pending on the file of Judicial Magistrate Court, Tirupur. 3.

The learned counsel for the petitioner sumitted that in similar circumstances, this Court in W.P.No.6074 of 2016, by order dated 19.02.2016 had directed the respondent to return the https://hcservices.ecourts.gov.in/hcservices/

driving licence of the petitioner therein on the production of the copy of the order.

4.

Mr.A. Zakir Hussain, learned Government Advocate, taking notice of the respondents, submitted that the issue involed in the present writ petition, is covered by the order passed in the Writ Petition in W.P.No.6974/2016. 5.

Following the order, I direct the first respondent to return the petitioner's original driving licence to him forthwith on production of a copy of this order. However, it shall not preclude the respondents 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. With the above observation, the writ petition is disposed of. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar sr To

1. The Regional Transport Officer, Tirupur (South), Tirupur

2. The Inspector of Police Ooragam Police Station, Tirupur District 1 cc to Mr.A. Ganesan, Advocate, Sr. 15061 1 cc to Government Pleader, Sr. 15317 W.P.No.8624 of 2016 VGI (CO) kk 21/3 https://hcservices.ecourts.gov.in/hcservices/