Madras High CourtWP(MD)/25921/2023allowed

Yesudoss.A v. The Regional Transport Officer

2023-10-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Yesudoss.A, ... Petitioner Vs

1. The Regional Transport Officer The Regional Transport Office, Thirunelveli..

2. The Inspector of Police, Ambasamudram Police Station, Ambasamudram..

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent to return petitioners driving license bearing D.L.No.TN 76 - 20160003575 forthwith For Petitioner :M/s.S.Arunachalam For Respondents :Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

Heard both sides.

2. The writ petitioner is working as a bus driver. He was involved in a case of fatal accident. Crime No.661/2023 was registered on the file of the Ambasamudram Police Station for the offences under Sections 279 and 304A IPC. The petitioner's driving license has also been seized. A show cause notice was also issued on 10.07.2023, which was received by the petitioner on 16.10.2023.

3. The issue raised in the writ petition is no longer res integra and is squarely covered by the order dated 22.06.2009 in WA(MD) No.175/2009 (S.Murugesan v. the Licensing Authority/Regional Transport Officer). The said order has been followed in catena of decisions. It is squarely applicable to the facts on hand. I, therefore, direct the respondents to return the petitioner's driving license to the petitioner forthwith without any delay.

4. The writ petition is disposed of accordingly. No costs. 26.10.2023 NCC :Yes/No Index :Yes/No Office to Note: Order Copy on 31.10.2023 RR To

1. The Regional Transport Officer The Regional Transport Office, Thirunelveli..

2. The Inspector of Police, Ambasamudram Police Station, Ambasamudram..

G.R.SWAMINATHAN, J.

RR W.P.(MD)No.25921 of 2023 26.10.2023