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Madras High CourtWP(MD)/25015/2025allowed

S.Narayanasamy v. The Regional Transport Officer,

2025-09-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Narayanasamy ... Petitioner Vs.

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

2.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to return the driving license of the petitioner bearing D.L.No.TN57-20010004088 forthwith.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.M.Lingadurai Special Government Pleader for R.1 1/4

Mr.A.Albert James Government Advocate (Criminal Side) for R.2

ORDER

Heard both sides.

2.The petitioner is employed in TNSTC. The bus driven by himself met with a fatal accident on 07.08.2025. In this regard, Crime No.275 of 2025 was registered on the file of the second respondent. The petitioner's original driving license was seized by the second respondent. In such cases, directions are generally issued for the return of the original license to the writ petitioner. This Court has been consistently following the order dated 22.06.2009 made in W.A(MD)No.175 of 2009 (S.Murugesan Vs The Licensing Authority / Regional Transport Officer).

3.When I was about to pass a similar direction, the learned Special Government Pleader submitted that the original license is not with the first respondent. It is not in dispute that the second respondent seized the original license. The second respondent claims to have handed over the 2/4

same to the first respondent. There is some confusion. It appears that the petitioner's original license has gone missing. The petitioner cannot suffer for this.

4.I direct the first respondent to immediately issue a duplicate driving license to the petitioner. Proper endorsement shall be made by the first respondent in this regard. The said license to be issued by the first respondent immediately shall be treated as the original driving license for all purposes.

5.This Writ Petition is allowed accordingly. No costs. 12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 16.09.2025.

To 1.The Regional Transport Officer, The Regional Transport Office, Dindigul.

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G.R.SWAMINATHAN, J.

MGA 2.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

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