S.Malarpandi, S/O.Sadhanatham, v. The Regional Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.6612 of 2018 S.Malarpandi
...Petitioner
Vs.
The Regional Transport Officer, Regional Transport Office (Madurai-South), Palanganatham, Madurai.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the driving license of the petitioner bearing D.L.No. TN5819940004501 forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.J.Gunaseelan Muthiah Additional Government Pleader
ORDER
By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission. 2.Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice on behalf of the respondent. 3.The petitioner is employed as a Driver. The bus in which the petitioner was driving got involved in an accident on 10.03.2018. In this regard, Crime No.55 of 2018, was registered on the file of the Madurai Traffic Investigation Wing-III Police Station. The petitioner's Driving License has also been seized by the respondent. The Criminal Court is yet to pronounce its verdict on the guilt or otherwise of the petitioner. Proceedings for impounding are yet to take place. This Court in the decision reported in (2015) 2 CTC 626 -(R.Ravi Vs. The Regional Transport Officer, Transport Department) held that such retaining of the original driving license is not permissible in law.
4.Therefore, the respondent is directed to return the petitioner's original Driving License immediately to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To The Regional Transport Officer, Regional Transport Office (Madurai-South), Palanganatham, Madurai.
+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.58943 +1CC TO M/S.S.ARUNACHALAM, ADVOCATE, SR NO.58666 W.P.(MD).No.6612 of 2018 27.03.2018 tsg MS/SV-MMS/SAR-1/03.04.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/