K.Kumar v. The Licensing Authority /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 9/12/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR K. Kumar ...
Petitioner Vs The Licensing Authority/ Regional Transport Officer Regional Transport Office Thiruvannamalai 606 604.
...
Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to return the petitioner's Original Driving Licence bearing No.TN29Z20010001005 without any endorsement. For Petitioners ...
Mr.V.Ajay Khose For respondent ...
Mr.V.Nanmaran Additional Government Pleader - - - - -
O R D E R
This writ petition has been filed praying to direct the respondent to return the petitioner's Original Driving Licence bearing No.TN29Z20010001005 without any endorsement. Page No:1/4
2. The case of the petitioner is that he is a Driver, working in the Tamil Nadu State Transport Corporation. On 24/10/2022, while he was driving the vehicle, bearing Registration No.TN-29-N-2877, involved in an accident with a two wheeler bearing vehicle No.TN-25-P-7157 and he died on the spot. A complaint was given and the same was registered in Crime No.488 dated 25/10/2022 for the offences punishable under Sections 279 and 304 A of the Indian Penal Code. During the course of investigation, the driving license of the petitioner was seized and it was handed over to the respondent. Hence the petitioner had made a representation, dated 2/11/2022 to the Superintendent of Police, Thiruvannamalai District to conduct proper enquiry. Since the same was not acted upon, present writ petition has been filed.
3. Heard Mr.V.Ajay Khose, learned counsel for the petitioner and Mr.V.Nanmaran, learned Additional Government Pleader for the respondent.
4. The issue involved in this writ petition is squarely covered by the judgment of the Division Bench in P.SETHURAMAN Vs. THE LICENSING AUTHORITY, THE REGIONAL TRANSPORT OFFICER, Page No:2/4
DINDIGUL, reported in 2010 Writ Law Reporter 100. The Division Bench judgment has been subsequently followed by this Court in various orders. In W.P.No.18144 of 2021 (K.ARUMUGAM Vs. THE LICENSING AUTHORITY/REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, TAMBARAM, CHENNAI,) dated 6/8/2021, this Court had relied upon the judgment of the Division Bench and held that mere Registration of First Information Report, will not be a ground to impound the original licence or to make any endorsement therein or suspend the same, if it does not satisfy the requirements of Section 19 (1) of the Motor Vehicles Act, 1988. The said judgment will squarely apply to the facts of the present case.
5. In view of the above, there shall be a direction to the respondent to return the driving licence of the petitioner forthwith. It will be left open to the respondent to await the final orders in the criminal proceedings and if the criteria as provided under Section 19 (1) of the Motor Vehicles Act, 1988 is satisfied, respondent is at liberty to initiate proceedings against the petitioner for suspension/revocation of the driving licence. Page No:3/4
N. SATHISH KUMAR, J mvs.
6. With the above directions, this writ petition is disposed of. No costs.
9/12/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
To The Licensing Authority/ Regional Transport Officer Regional Transport Office Thiruvannamalai 606 604.
W.P.No.33021 of 2022 9/12/2022 Page No:4/4