Karunakaran .P v. The Licensing Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN P.Karunakaran ... Petitioner Vs.

1.The Licensing Authority, Regional Transport Officer, Thirumangalam Zone, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to return the petitioner's original driving licence bearing DL.No.TN 58 19980107707 forthwith, within the time stipulated by this Court. For Petitioner : Mr.A.MU.Sharavanan For R1 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.S.Manikandan Government Advocate (Crl. Side) Page No. 1 of 5

O R D E R

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the first respondent to return the petitioner's original driving licence bearing DL.No.TN 58 19980107707 forthwith, within a time stipulated by this Court.

2. Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the first respondent and Mr.S.Manikandan, learned Government Advocate (Criminal Side), takes notice for the second respondent. With the consent of them, this Writ Petition is disposed of, at the time of admission.

3. The petitioner is an employee of Tamil Nadu State Transport Corporation (Madurai) Limited. He while driving the bus bearing registration No.TN 58 N 2194 caused an accident, as a result of which, the rider of the motorcycle died. The deceased's wife lodged a criminal complaint against the petitioner before the jurisdictional police station i.e., the second respondent herein. The second respondent registered a case against the petitioner in Crime No.101/2024 for the offences punishable under Sections 279, 337, 304(A) of IPC.

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4. A report was filed. The petitioner has been placed under suspension and his licence was seized by the second respondent. The petitioner has been thereafter issued with a Show Cause Notice dated 14.03.2024 calling for an explanation as to why his driving licence should not be cancelled. The petitioner has also responded to the said Show Cause Notice on 25.03.2024.

5. In view of the above, I do not wish to pass any positive direction to the first and second respondents. Suffice to state that the first respondent is directed to adjudicate the Show Cause Notice, as expeditiously as possible, preferably, within a period of 30 days from the date of receipt of a copy of this order. Needless to state that the petitioner shall be heard while passing the order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 01.04.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

Copy To:

1.The Licensing Authority, Regional Transport Officer, Thirumangalam Zone, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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C.SARAVANAN , J.

JEN 01.04.2024 Page No. 5 of 5