Madras High CourtWP(MD)/20846/2018disposed of

S.Tamilselvan, v. The Regioal Transport Officer

2018-10-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.20846 of 2018 S.Tamilselvan .. Petitioner Vs.

1.The Regional Transport Officer, The Regional Transport Office, Pudukkottai.

2.The Motor Vehicle Inspector, Office of the Motor Vehicle Inspector, Manapparai, Trichy District.

3.The Inspector of Police, Thuvaranguruchi Police Station, Thuvaranguruchi, Trichy District.

.. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to return the petitioner's Driving License bearing No.TN-59-19820000374, to the petitioner forthwith. For petitioner : Mr.S.Arunachalam For respondents : Mr.D.Muruganandham, Additional Government Pleader

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the respondents herein to return the original Driving Licence of the petitioner forthwith.

2. The petitioner is working as a driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited. On 18.09.2018, while he was driving a bus bearing Registration No.TN55-N-0529, there was an accident in which a car dashed against the right corner of the bus and the persons travelled in the car sustained injuries. In this regard, a case was registered against the petitioner in Cr.No.131 of 2018 under Sections 229 and 337 I.P.C. Pending investigation, the original Driving Licence of the petitioner was seized by the Police, who in turn forwarded the same https://hcservices.ecourts.gov.in/hcservices/

to the 2nd respondent and the 2nd respondent in turn handed over the same to the 1st respondent. The petitioner has submitted a representation, dated 25.09.2018, to the 1st and 2nd respondents seeking return of the original driving licence. As there was no response to the same, the petitioner has come up with this writ petition.

3. Heard the learned counsel appearing for both sides.

4. The learned Additional Government Pleader appearing for the respondents, on instruction, would submit that the representation of the petitioner will be considered by the first respondent forthwith.

5. In view of the above and also considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 25.09.2018, in the light of the decision of a Division Bench of this Court reported in 2010 Writ L.r. 100 (P.Sethuram Vs. the Licensing Authority, the Regional Transport Officer, the Regional Transport Office, Dindigul) and pass appropriate order on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Regional Transport Officer, The Regional Transport Office, Pudukkottai.

2.The Motor Vehicle Inspector, Office of the Motor Vehicle Inspector, Manapparai, Trichy District.

3.The Inspector of Police, Thuvaranguruchi Police Station, Thuvaranguruchi, Trichy District.

+1CC TO MR.S.ARUNACHALAM, ADVOCATE IN S.R.NO.88794. +1CC TO SPECIAL GOVERNMENT PLEADER IN SR.NO.88858. GCG DS SKN SAR-4 05.10.2018 2P/6C W.P(MD)No.20846 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 04.10.2018