K.Sundararasu v. The State Of Tn

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 27424 of 2018 K.Sundararasu ... Petitioner Vs

1. The State of TN, rep. by Transport Commissioner, Chepauk, Chennai - 05 2.The Licencing Authority, Regional Transport Officer, Regional Transport Office (East), Karur Main Road, Mekkapuram Post, Erode- 638 002

3. The Inspector of Police, Erode South PS., Erode District.

4. The General Manager, Tamil Nadu State Transport Corporation, Erode City Region, Unit-I, Erode.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the second respondent herein to return the petitioner's Original Driving Licence in D.L. No.TN 36W 2010 0005423 enabling him to join and continue his service in the fourth respondent transport corporation.

For Petitioner :Mr. J. Stalin For Respondents :Mrs.K.Bhuveshwari Additional Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the second respondent to return the original driving licence to the petitioner.

2. According to the petitioner, petitioner is a driver in the Tamil Nadu Transport Corporation, Erode and a bus driven by

him was met with an accident on 30.06.2018. Based on that, a criminal case was registered against him under Sections 279 and 304-A of IPC in Crime No.400 of 2018. Immediately, his licence was also seized by the first respondent and produced the same before the second respondent. The second respondent without initiating any proceedings under section 19(1) of the Motor Vehicles Act, holding the licence with them. Hence, he had filed the present Writ Petition.

3. Today, when the matter is taken up for hearing, the learned Additional Government Pleader, appearing for the respondents submitted that already an enquiry was conducted under Section 19(1) of the Motor Vehicles Act and final order was also passed suspending the petitioner's licence for a period of six months from 30.06.2018 to 29.12.2018.

4. I have heard the rival submissions and perused the materials available on record.

5. Since already the petitioner's licence has been suspended, no further adjudication is required in the writ petition. However, the second respondent is directed to serve a copy of the order passed by him on the petitioner to enable him to approach the appropriate authority challenging the order suspending his license, if so advised. This writ petition is dismissed accordingly with the above directions. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar mrp To

1. The Transport Commissioner, Chepauk, Chennai - 05

2. The Licencing Authority, Regional Transport Officer, Regional Transport Office (East), Karur Main Road, Mekkapuram Post, Erode- 638 002

3. The Inspector of Police, Erode South PS., Erode District.

4. The General Manager, Tamil Nadu State Transport Corporation, Erode City Region, Unit-I, Erode.

+1 CC to Mr.J.Stalin, Advocate sr 72717 +1 CC to Spl. Govt. Pleader sr 73503.

W.P.No. 27424 of 2018 SVN(CO) SP(29/11/2018)