Pl.Subbiah, S/O.Palaniyandi, v. The Regional Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4928 of 2018 PL.Subbiah ... Petitioner Vs.

The Regional Transport Officer, The Regional Transport Office, Sivagangai.

... 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 Conductor License/Certificate of the petitioner bearing No.326/PDK 1990 forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.M.Jeyakumar, Addl.Govt.Pleader

ORDER

Mr.M.Jeyakumar, 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 Conductor in Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. The vehicle in which the petitioner is working as a Conductor got involved in an accident on 11.02.2018. Crime No.16 of 2018 has been registered against the driver of the bus and the petitioner was also mentioned as coaccused. The said criminal case is only at the stage of investigation.

4.In the meanwhile, his conductor 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 conductor 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, The Regional Transport Office, Sivagangai.

+1cc to Mr.S.Arunachalam, Advocate, SR.No. 54112 +1cc to M/s.Special Government Pleader,SR.No.54209 W.P(MD)No.4928 of 2018 08.03.2018 SKM KK/SKN RSK/13.03.2018/SAR-3/2P-4C https://hcservices.ecourts.gov.in/hcservices/