Rajangam.M v. The Regional Transport Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR M.Rajangam ... Petitioner Vs.

The Regional Transport Commissioner, O/o. The Regional Transport Commissioner, Madurai (Central), Madurai - 625 020.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to return the petitioner's original Driving License bearing No.TN 58 19980002832 seized and kept in his custody based on the petitioner's representation dated 01.10.2021 through registered post with ack. due within the time limit that may be stipulated by this Court. For Petitioner : Mr.S.P.Naveen Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

S.P.Naveen Kumar, learned counsel on record for the sole writ petitioner is before this Court.

2. Learned counsel for writ petitioner submits that the writ petitioner is working as a Driver with the Tamil Nadu State Transport Corporation. It is submitted that on 14.09.2021, there was an unfortunate fatal accident, when the writ petitioner was behind the wheel in the course of his duty while driving a public transport bus plying between Mattuthavani and Periyar Bus Stand, Madurai. A First Information Report (FIR) has been registered inter alia for rash and negligent driving causing death. This Court is informed that the matter is still at FIR stage.

3. Be that as it may, learned counsel submits that the respondent had seized the original driving licence of the writ petitioner at the time of the aforementioned accident and the original driving licence of the writ petitioner bears 'No.TN58 19980002832' (hereinafter 'said DLR' for the sake of convenience and clarity). To be noted, the date of issue of driving license has not been mentioned in the writ affidavit but a scanned reproduction of said DLR as placed before me as part of the typed set of papers is as follows:

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4. Mr.M.Lingadurai, learned Special Government Pleader accepts notice on behalf of the lone respondent.

5. There is no disputation or disagreement that the captioned matter is covered by the principle laid down by a Hon'ble Division Bench of this Court in P.Sethuram VS. The Licensing Authority, The Regional Transport Officer in W.A.No.374 of 2009 authored by Hon'ble Justice V.Ramasubramanian as a Judge of this Court (as His Lordship then was) presiding the Hon'ble Division Bench. This judgment is reported in 2010-Writ L.R.100 and this deals with the scope of the power of the respondent in cases of such nature.

6. There is no disputation or disagreement before this Court that in similar matters prayers have been acceded to and that includes orders dated 30.04.2019 in W.P.No.13570 of 2019 and 10.11.2020 in W.P(MD).No.15797 of 2020 made by Honourable Predecessor Judges.

7. Learned State counsel submits, on instructions, that the matter is in FIR stage (as already alluded to supra) and prosecution will be pursued. However, there is no disputation qua the aforementioned earlier orders made by Honourable Predecessor Judges and the same having been complied with by the State without carrying the matter in appeal by way of intra-court appeals.

8. In the light of the narrative thus far, this Court is of the considered view that the prayer in the captioned writ petition viz., prayer to return said DLR ie., the original driving licence [bearing licence No.TN58 19980002835] of the writ petitioner can be acceded to.

9. This Court is informed that the original driving licence i.e., said DLR is now with the respondent. The respondent shall take necessary written undertaking, retain photocopies of the original driving licence and return the writ petitioner's aforementioned original driving licence i.e., said DLR to the writ petitioner (under due acknowledgment) as early as possible and in any event within a fortnight from today i.e., on or before 03.12.2021. The writ petitioner shall go over to the office of the respondent on any 2/3

working day in the after noon session between 02.00 PM and 04.00 PM and the original driving licence shall be handed over to him under due acknowledgment.

10. It is made clear that the writ petitioner shall produce the original driving licence as and when called for, make himself available for the criminal case to proceed and cooperate with the investigation.

11. Captioned Writ Petition is disposed of in aforesaid manner i.e., with aforementioned directive and there shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Regional Transport Commissioner, O/o. The Regional Transport Commissioner, Madurai (Central), Madurai - 625 020.

+1 CC to M/s.SPL GP ( SR-35307[F] dated 22/11/2021 ) 19.11.2021 AM(CO) SB(07.12.2021) 3P 3C 3/3