← Library
Madras High CourtWP(MD)/16163/2024disposed of

P.Thangadurai v. The Regional Transport Officer

2024-07-18Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Thangadurai ... Petitioner Vs.

1.The Regional Transport Officer, The Regional Transport Office (Central), Srirangam, Trichy.

2.The Inspector of Police, Kallakudi Police Station, Trichy.

... 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 driving license of the petitioner bearing D.L.No.TN 48 - 19950000278 For petitioner : Mr.S.Arunachalam For respondents : Mr.G.Suriyananth Additional Government Pleader for R1 Mr.A.Albert James Government Advocate (Crl.Side) for R2 1/4

*****

ORDER

Heard learned counsel for the petitioner, learned Additional Government Pleader for the first respondent and learned Government Advocate (Crl.Side) for the second respondent.

2. The petitioner is before this Court against the seizure of the petitioner's driving licence bearing D.L.No.TN 48 - 19950000278, pursuant to the registration of FIR against the petitioner on 01.07.2024 in Crime No.112 of 2024 under the provisions of newly enacted Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The petitioner is before this Court in the light 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, which has been followed by this Court in several cases including in the case G.Ravi vs. The Regional Transport Officer, Dindigul and another in W.P.(MD) No.9525 of 2024 (decided on 17.04.2024).

2/4

4.

In view of the above, there may be no exception, although the petitioner caused serious offences under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023.

5. Be that as it may, the respondents are directed to return the petitioner's Driving Licence, provisionally, subject to the further proceedings to be initiated against the petitioner in accordance with law. This Writ Petition is disposed of with above directions. No costs. Index : Yes / No 18.07.2024 Internet : Yes / No (2/2) apd To 1.The Regional Transport Officer, The Regional Transport Office (Central), Srirangam, Trichy.

2.The Inspector of Police, Kallakudi Police Station, Trichy.

3/4

C.SARAVANAN, J.

apd 18.07.2024 (2/2) 4/4