Rajasekaran.A v. Licensing Authority, Karur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.18826 of 2022 A.Rajasekaran ... Petitioner vs.

1. The Licensing Authority, Karur, The Motor Vehicle Inspector Office, Unit Office, Manmangalam, Karur.

2. The Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam, Karur - District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, after calling for the records from the 1st respondent relating to the impugned order, dated 10.10.2022 passed in Show Cause No.TN47X/2022/97, quash the same and consequently direct the 1st respondent to return the driving license of the petitioner without any remarks, award Cost.

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For Petitioner : No Appearance For R-1 : Mr.M.Prakash, Additional Government Pleader For R-2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This Writ Petition is filed for issuing Writ of Certiorarified Mandamus to quash the impugned order, dated 10.10.2022 passed in Show Cause No.TN47X/2022/97 and also sought for a consequential direction to the 1st respondent to return the driving license of the petitioner without any remarks, award Cost.

2. Heard Mr.M.Prakash, learned Additional Government Pleader appearing for the 1st respondent and Mr.R.M.Anbunithi, learned Additional Public Prosecutor appearing for the 2nd respondent. Perused the material documents available on record.

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3. The brief facts as stated in the affidavit is that, on 18.08.2022 the petitioner was allotted a duty of driving a bus between Natham and Madurai and the said bus met with an accident. Thereafter, the petitioner's driving license was suspended. Hence, the petitioner has approached this Court by way of filing this Writ Petition for returning the said driving license. Since the license was suspended the petitioner is without job.

4. Even according to the Motor Vehicles Act, after a period of six months the driving license to be issued to the said driver. This Court considered the issue in similar cases and passed orders directing the concerned authorities to return the driving license.

5. Accordingly, the respondents are directed to return the driving license to the petitioner, within a period of two weeks from the date of receipt of a copy of the order.

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6. With the above directions, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 01.11.2022 Internet : Yes ksa 4/6

To

1. The Licensing Authority, Karur, The Motor Vehicle Inspector Office, Unit Office, Manmangalam, Karur.

2. The Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam, Karur - District.

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S.SRIMATHY, J ksa 01.11.2022 6/6