Murugan.V v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Murugan.V, ... Petitioner Vs

1. The Regional Transport Officer, the Regional Transport Office(South), Madurai.

2. The Inspector of Police, Traffic Investigation Wing Police Station-III, Madurai.

... 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 the driving license of the petitioner bearing D.L.No.TN 60-19880000354 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 and a case in Crime No.162/2023 was registered on the file of the Traffic Investigation Wing Police Station III, Madurai for the offences under Sections 279 and 304A IPC. The petitioner's driving license has also been seized.

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(South), Madurai.

2. The Inspector of Police, Traffic Investigation Wing Police Station-III, Madurai.

G.R.SWAMINATHAN, J.

RR W.P.(MD)No.25937 of 2023 26.10.2023