Dharman G v. The Regional Transport Officer / Licensing Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN G.Dharman ... Petitioner Vs

1. The Regional Transport Officer / Licensing Authority, Srirangam Zone, Trichy District.

2. The Inspector of Police, Thottiyam Police Station, Trichy District.

3. The Branch Manager, The Tamil Nadu State Transport Corporation, Hosur Suburban Branch, Krishnagiri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to return the petitioner's driving license No. TN29Z19960001186 based on the petitioner's representation dated 24.05.2025.

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For petitioner : Mr. K.Gandhi Kumar For respondents :Mr.D.Ghandhiraj Special Government Pleader for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 Mr.S.C.Herold Singh Standing Counsel for R3 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Special Government Pleader for the first respondent, learned Government Advocate (Crl.Side) for the second respondent and learned Standing Counsel for the third respondent.

2. The petitioner, who is a Bus Driver with the third respondent/Corporation, was involved in an accident on 24.04.2025 resulting fatal accident and has been arrayed as accused in FIR in Crime No.135 of 2025 for the offences under Sections 281, 125(a), 106(1) of BNS. Therefore, the petitioner's driving licence was seized by the second respondent and therefore, the petitioner has come for the relief to direct the first respondent to return the petitioner's driving licence.

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3. The issue is covered in favour of the petitioner in terms of the decision of the Hon'ble Division Bench of this Court in P.Sethuraman Vs. The Licensing Authority, Dindigul reported in [2010] WLR 100.

4. Under these circumstances, the respondents are directed to return the driving licence to the petitioner. However, liberty is given to the first respondent to take steps to cancel the driving licence of the petitioner, after issuing notice and after following principles of natural justice.

5. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 13.06.2025 Internet : Yes / No apd To

1. The Regional Transport Officer / Licensing Authority, Srirangam Zone, Trichy District.

2. The Inspector of Police, Thottiyam Police Station, Trichy District.

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C.SARAVANAN, J.

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