A.Palanichamy v. The Regional Transport Officer

W.P.(MD) No.17809/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17809 of 2019 and W.M.P.(MD) No.14275 of 2019 A.Palanichamy ... Petitioner Vs.

The Regional Transport Officer, The Regional Transport Office Theni District.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to return the petitioner's original driving license within a time limit that may be fixed by this Court. For Petitioner :Mr.G.M.Xavier For Respondent :Ms.J.Padmavathi Devi Special Government Pleader

ORDER

The prayer in the writ petition is for issuance of a writ of Mandamus to direct the respondent to return the petitioner's original driving license.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent.

3. In order to return back the driving license of the petitioner, the petitioner has given a representation on 30.07.2019 to the respondent. Therefore, the learned counsel for the petitioner wants to dispose of the said representation by the respondent on merits and in accordance with law within a time frame to be stipulated by this Court.

4. Heard the learned Special Government Pleader for the respondents, who would submit that, the petitioner involved in an accident and therefore, during the pendency of the case, the driving license has been seized and impounded by the respondent and hence, the same cannot be given back, as claimed by the petitioner. However, since the petitioner has given a detailed representation in writing on 30.07.2019, the same would be considered by the respondent on merits within a time frame to be stipulated by this Court.

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W.P.(MD) No.17809/2019

5. Having regard to the said submission made by the learned counsel for the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the consent of both sides, with the following direction:

"That the respondent is hereby directed to consider the representation of the petitioner dated 30.07.2019 and pass orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order." No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) RR To The Regional Transport Officer, The Regional Transport Office Theni District.

+1 CC to M/s.G.M.XAVIER, Advocate ( SR-81714[F] dated 14/08/2019 ) W.P.(MD)No.17809 of 2019 and W.M.P.(MD) No.14275 of 2019 14.08.2019 KK/SAR/29.08.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2