Madras High CourtWP(MD)/21100/2018disposed of

A.Chinnaiah v. The Regional Transport

2018-10-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.21100 of 2018 A.Chinnaiah .. Petitioner Vs.

The Regional Transport Officer, Regional Transport Office, Pudukkottai.

.. Respondent PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent herein to return the petitioner's original Driving License No.TN-55-19960003209, to the petitioner forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : 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 respondent 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 Ltd), Ponnamaravathi Branch. On 30.09.2018, while he was driving a bus bearing Registration No.TN-55-N-1006, there was an accident in which, a motorcycle rider sustained injuries and later died in the Hospital. In this regard, a case was registered against the petitioner in Cr.No.63 of 2018 under Section 304(A) IPC. Pending investigation, the original Driving Licence of the petitioner was seized by the Police, who, in turn, forwarded the same to the respondent. The petitioner has submitted a representation, dated 04.10.2018, to the respondent 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 respondent, on instruction, would submit that the representation of the petitioner will be considered by the respondent forthwith. https://hcservices.ecourts.gov.in/hcservices/

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 respondent to consider the representation of the petitioner, dated 04.10.2018, in the light of the decision of a Division Bench of this Court in the case of S.Murugesan v. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy in W.A.(MD)No.176 of 2009 dated 22.06.2009 and dispose of the same 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(T&P) /True Copy/ Sub Assistant Registrar(CS-II) To The Regional Transport Officer, Regional Transport Office, Pudukkottai.

+1CC to Mr.S.Arunachalam, Advocate, SR.No.89701 +1CC to the Special Government Pleader SR.No. 90179 Order made in W.P(MD)No.21100 of 2018 09.10.2018 GK ES/SKN/RSK/SAR 2/11.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/