Madras High CourtWP(MD)/4814/2018allowed

N.Ramesh, S/O.Narayanasamy v. The Licensing Authority /

2018-03-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4814 of 2018 and WMP(MD)No.4823 of 2018 N.Ramesh ... Petitioner Vs.

1.The Licensing Authority / Regional Transport Officer, Srirangam, Trichirappalli District.

2.The Assistant Licensing Authority, Unit Office, Transport Department, Thuraiyur, Trichy District.

3.The Inspector of Police, Somarasampet Police Station, Trichy District.

... Respondents 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 No.TN 48 19960001417 to the petitioner within a time limit.

For Petitioner : Mr.A.Rahul For Respondents : Mr.M.Jeyakumar Additional Govt.Pleader

ORDER

Mr.M.Jeyakumar, learned Additional Government Pleader takes notice for the respondents.

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 (Kumbakonam) Ltd. The vehicle which was driven by him got involved in an accident on 06.02.2018. Crime https://hcservices.ecourts.gov.in/hcservices/

No.21 of 2018 has been registered against the petitioner on the file of Somarasampet Police Station, Trichy District. The final report is yet to be filed. The petitioner is yet to be found guilty by the competent Criminal Court. In the meanwhile, his driving licence has been seized.

4.This Court has held in more than one case that such impounding is not permissible. Therefore, the first respondent is directed to return the petitioner's original driving licence bearing D.L No.TN 48 19960001417 forthwith and without any delay. 5.This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Licensing Authority / Regional Transport Officer, Srirangam, Trichirappalli District.

2.The Assistant Licensing Authority, Unit Office, Transport Department, Thuraiyur, Trichy District.

3.The Inspector of Police, Somarasampet Police Station, Trichy District.

+1CC TO M/S. A.RAHUL, ADVOCATE, SR NO.53379 +1CC TO M/S. SPECIAL GOVERNMENT PLEADER, SR NO.53908 W.P(MD)No.4814 of 2018 07.03.2018 skm MS/PM-PN/SAR.4/09.03.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/