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Madras High CourtWP(MD)/7674/2022disposed of

Maduraiveeran v. The Regional Transport Officer

2022-04-21Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.7674 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.7674 of 2022 Maduraiveeran ... Petitioner /vs./ 1.The Regional Transport Officer, Regional Transport Office, Sivagangai 630 562.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai 630 561.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent forthwith return the Petitioner's Driving License in order to protect the livelihood of the petitioner in DL.No.TN59-19930002425, dated 15.04.1993, based on the petitioner's representation on 13.04.2022, within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the 1st respondent to return the petitioner's driving license, based on the petitioner's representation dated 13.04.2022. 2.It appears that the petitioner was involved in an accident on 03.04.2022 while driving the State Transport Bus bearing Reg.No.TN 63 N 1994. An FIR has been registered against the petitioner in Crime No.143 of 2022 before the 2nd respondent. The petitioner's licence was also seized.

3.The case of the petitioner that the seizure of licence is contrary to the law laid down by the Division Bench of this Court in the case of P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, Dindigul reported in 2010 Writ L.R. 100. The petitioner has also relied upon the decision of this Court in W.P. (MD) No.2111 of 2021 (P.C.Murugan Vs. The Regional Transport Officer, Madurai and another) vide order dated 08.02.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7674 of 2022 4.Considering the above, I direct the respondents to take steps to return the licence of the petitioner by issuing a show cause notice and adjudicate the same within a period of 30 days from the date of receipt of a copy of this order.

5.The writ petition stands disposed of, in terms of the above observations. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Regional Transport Officer, Regional Transport Office, Sivagangai 630 562.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai 630 561.

+1 CC to M/s.R. SENTHIL KUMAR, Advocate ( SR-19964[F] dated 21/04/2022 ) W.P.(MD) No.7674 of 2022 21.04.2022 RD(02.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2