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Madras High CourtWP/32760/2018disposed of

M.Chandrasekaran v. The Regional Transport Officer /

2018-12-18Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. 32760 of 2018 and W.M.P. 37971 of 2018 M.Chandrasekaran ... Petitioner

Versus

1.The Regional Transport Officer/ Licensing Authority, Office of the Regional Transport Officer, Paranur, Chengalpattu, Kancheepuram Dt.

2. The Inspector of Police, TIW St. Thomas Mount Police Station, Traffic Investigation Wing, Chennai-600 016.

...Respondents

PRAYER:

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to return forthwith the petitioner's original driving license bearing No.TN20Z 19890000837, without any endorsement and within a specified time as may be fixed by this Hon'ble Court, award costs. For Petitioner : Mr.R.Krishnaswamy For Respondents : Mrs.Ramya Revathy, Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to return the petitioner's original driving license bearing No.TN20 Z19890000837.

2. According to the petitioner, he is a driver in Tamilnadu State Transport Corporation, Kancheepuram and the bus driven by him was met with an accident on 23.09.2018. Based on that, the petitioner's license has been seized by the 2nd respondent, and a criminal case was registered against him in Cr.No.660/2018. Thereafter, the second respondent/Inspector of Police had

produced the license before the first respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. Thereafter, a show casue notice was issued to the petitioner, for which, he has submitted his objections. But, so far, no order has been passed. Hence, the present writ petition is filed.

3. Earlier, notice was issued to the respondents. Today, when the matter is taken up for hearing, Mrs.Ramya Revathy, learned Government Pleader, appearing for the 1st respondent submitted that the 1st respondent had passed an order on 20.09.2018 suspending the petitioner's license for the period of six months. But, Mr.R.Krishnaswamy, learned counsel appearing for the petitioner would submit that the petitioner has not received any order as on date.

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

5. In the said circumstances, already the order has been passed by the 1st respondent and the original license is pending with the 1st respondent, the 1st respondent is directed to furnish the copy of the order within a period of one week from today enabling the petitioner to challenge the order passed by the 1st respondent in the manner known to law.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Regional Transport Officer/ Licensing Authority, Office of the Regional Transport Officer, Paranur, Chengalpattu, Kancheepuram Dt.

2. The Inspector of Police, TIW St. Thomas Mount Police Station, Traffic Investigation Wing, Chennai-600 016.

+1cc to Mr.V.Ajoy khose, Advocate sr.no.88050 +1cc to Special Government Pleader sr.no.88411 W.P. 32760 of 2018 and W.M.P. 37971 of 2018 svn(co) nr 20/12/2018