M.Senthilkumar, v. The Regional Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.3394 of 2018 M.Senthilkumar ... Petitioner Vs.

The Regional Transport Officer, Regional Transport Office, Dindigul Road, Palani, Dindigul District.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to return the petitioner's original driving licence bearing D.L. TN 41 19920000180 to the petitioner forthwith. For Petitioner : Mr.C.Prakasam For Respondent : Mr.J.Gunaseelan Muthaiah, Additional Govt.Pleader

ORDER

Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice for the respondent.

2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner is working as a driver in Tamil Nadu State Transport Corporation Limited, Coimbatore Region. The vehicle which was driven by him got involved in an accident on 31.01.2018. Crime No.24 of 2018 has been registered against the petitioner on the file of Kallimanthayam Police Station. The final report is yet to be filed. The petitioner is yet to be found guilty by the competent Criminal Court.

4.In the meanwhile, his driving licence has been seized. This Court has held in more than one case that such impounding is not permissible. Therefore, the respondent is directed to return the petitioner's original driving licence forthwith and without any delay.

5.This writ petition is allowed. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Regional Transport Officer, Regional Transport Office,Dindigul Road, Palani, Dindigul District.

+1cc to Mr.C.Prakasam, Advocate Sr.No.49767 SKM VB/SKN/RSK/SAR2/21.02.2018/2P/3C W.P(MD)No.3394 of 2018 20.02.2018 https://hcservices.ecourts.gov.in/hcservices/