Madras High CourtWP/31327/2019disposed of

P.Munusamy v. The Inspector Of Police,

2019-11-26Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.31327 of 2019 P.Munusamy .. Petitioner /versus/ 1.The Inspector of Police, Deevattipatti Police Station, Salem District.

2.The Licensing Authority-cum- Regional Transport Officer, Omalur, Salem District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to return the original driving license (DL.No.TN30W20150002441) to the petitioner forthwith. For petitioner : Mr.S.Kartik For Respondents : Mr.K.Ravikumar Addl.Govt.Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

2. The petitioner's driving license was impounded by the 1st respondent police in view of the accident committed by the petitioner on 23.08.2019. Thereafter, the license was forwarded to the 2nd respondent for taking action. Since the license was not returned in spite of several representations, the present writ petition is filed to direct the 2nd respondent to return the original driving license of the petitioner forthwith.

3. After notice, it was reported to this Court that, enquiry under Sections 21 and 19 of the Motor Vehicles Act was conducted and the petitioner admitted his guilt. Therefore, the license of the petitioner has been temporarily suspended from 24.08.2019 to 23.02.2020.

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4. The learned counsel for the petitioner submitted that the petitioner never admitted his guilt and there is no record of causing notice to the petitioner to show cause regarding the action contemplated. Hence, this Court directed the learned Additional Government Pleader to produce the records.

5. When the matter is taken up today, it is reported by the learned counsel for the petitioner as well as the learned Additional Government Pleader that, the 2nd respondent has dropped the action against the petitioner and returned the driving license to the petitioner on 22.11.2019. Since the 2nd respondent has realised the improper action taken by him, this Court is not inclined to say anything more about the action of the 2nd respondent except recording the order of the 2nd respondent dated 22.11.2019, namely the action dropped against the petitioner and returned the driving license to the petitioner.

6. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar rpl To 1.The Inspector of Police, Deevattipatti Police Station, Salem District.

2.The Licensing Authority-cum- Regional Transport Officer, Omalur, Salem District.

+1cc to the Government Pleader SR.98955/19 W.P.No.31327 of 2019 VGII(CO) CB(19/12/2019) https://hcservices.ecourts.gov.in/hcservices/