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Madras High CourtWP(MD)/5256/2018allowed

S.Baskaran, S/O.Srinivasan, v. The Regional Transport Officer

2018-03-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5256 of 2018 S.Baskaran ... Petitioner Vs.

The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy.

... 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 driving license of the petitioner bearing TN-45-19810000362 to the petitioner 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, this 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 03.02.2018. Crime No.3 of 2018 has been registered against the petitioner on the file of Inamkulathur 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 license 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 license bearing TN-45-19810000362 forthwith and without any delay. This writ petition is disposed of accordingly. No costs. Sd/ Assistant Registrar (AS) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy.

+1cc to Mr.S.Arunachalam, Advocate, SR.No.55205 +1cc to M/s.Special Government Pleader,SR.No.55149 W.P(MD)No.5256 of 2018 13.03.2018 SKM KK/SKN RSK/15.03.2018/SAR-4/2P-4C https://hcservices.ecourts.gov.in/hcservices/