L.Kannan, v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.23536 of 2017 L.Kannan

...Petitioner

Vs.

1.The Regional Transport Authority/ District Collector, Tiruppur District, Tiruppur.

2.The Regional Transport Officer, Tiruppur North, Tiruppur.

3.The Inspector of Police, Avinasi Police Station, Tiruppur District.

4.The Regional Transport Officer, Tiruchengode.

...Respondents

(R4 - suo motu impleaded vide order dated 14.12.2020 in W.P.No.23536 of 2017) Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to return the original driving license of the petitioner in DL.No.TN3420100000424 which is under the custody of the 2nd respondent seized by the 3rd respondent forthwith. For Petitioner : Mr.Kasirajan for Mr.C.Prabakaran For Respondents : Ms.A.Madhumathi, Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to return the original driving license of the petitioner which is under the custody of the 2nd respondent seized by the 3rd respondent, forthwith.

2.When the Writ Petition is taken up for hearing, Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents submitted that the petitioner's driving license is with the Regional Transport Officer, Tiruchengode and not with the respondents, however, the petitioner has not made the Regional Transport Officer, Tiruchengode as a respondent in the Writ Petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner would give a fresh representation to the Regional Transport Officer, Tiruchengode and on receipt of the same, the Regional Transport Officer, Tiruchengode may be directed to consider the same in accordance with law. 4.Since the Regional Transport Officer, Tiruchengode is a proper and necessary party to the Writ Petition, I suo motu implead the Regional Transport Officer, Tiruchengode as the 4th respondent in the Writ Petition.

5.Ms.A.Madhumathi, learned Special Government Pleader takes notice for the newly impleaded 4th respondent and submitted that in the event of the petitioner giving a fresh representation to the 4th respondent, the same would be considered in accordance with law.

6.Having regard to the submissions made by the learned counsel on either side, the petitioner is at liberty to give a fresh representation to the newly impleaded 4th respondent viz., the Regional Transport Officer, Tiruchengode seeking for return of the driving license and on receipt of the same, the Regional Transport Officer, Tiruchengode is directed to consider the same and pass orders, on merits and in accordance with law, as expeditiously as possible.

7.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar va To 1.The Regional Transport Authority/District Collector, Tiruppur District, Tiruppur.

2.The Regional Transport Officer, Tiruppur North, Tiruppur.

3.The Inspector of Police, Avinasi Police Station, Tiruppur District.

4.The Regional Transport Officer, Tiruchengode.

+1cc to the Government Pleader, S.R.No.41109 W.P.No.23536 of 2017 NRL(CO) KKV/06/01/2021 KKV/21/01/2021