S.R.Rajan vs The Regional Transport Officer on 23 January, 2019

[Cites 3, Cited by 3]

Madras High Court

S.R.Rajan vs The Regional Transport Officer on 23 January, 2019

Bench: G.R.Swaminathan

                                                          1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 23.01.2019

                                                     CORAM :

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             W.P(MD)No.1199 of 2019

                     S.R.Rajan                                            ... Petitioner

                                                         Vs.
                     1.The Regional Transport Officer,
                       Sivagangai District,
                       Sivagangai.

                     2.The Inspector of Police,
                       Thiruppachethi Police Station,
                       Thiruppachethi,
                      Sivagangai District.                                ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying for issuance of a Writ of Mandamus, to direct the first
                     respondent to return the petitioner's original driving license bearing
                     No.TN32Z19840000935 valid up to 12.11.2020 within stipulated time
                     to be fixed by this Court.

                                 For Petitioner  : Mr.SP.Vijay Nivas
                                 For Respondents : Mr.Aayiram K.Selvakumar
                                                 Additional Government Pleader

                                                       ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. http://www.judis.nic.in 2

2. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader takes notice on behalf of the respondents.

3. The petitioner is working as Driver in TNSTC (Paramakudi Branch). The bus driven by him got involved in an accident on 10.01.2019. Therefore, Crime No.7 of 2019 was registered for the offence under Sections 279 and 337 IPC on the file of the Thiruppachethi Police Station. The petitioner's grievance is that his original driving license has been impounded by the first respondent herein.

4. It has been held by the Hon'ble Division Bench of this Court in the decision reported in 2010 WLR 100 (P.Sethuram Vs., the Licensing Authority, Regional Transport Officer, Dindigul) that it is only the competent criminal Court that can impound the petitioner's driving license and that it is not open to the first respondent herein to do so. Of course, if the petitioner's guilt has been established before the competent criminal Court, the petitioner's driving license can be impounded. In this case, the petitioner's guilt is yet to be determined by the competent criminal Court.

http://www.judis.nic.in 3

5. In this view of the matter, the fisrt respondent is directed to return the petitioner's original driving license forth with, in any event, within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is allowed. No costs.




                                                                               23.01.2019

                     Index          : Yes/No
                     Internet       : Yes/No
                     rmk

Note : Issue order copy on 24.01.2019 To

1.The Regional Transport Officer, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppachethi Police Station, Thiruppachethi, Sivagangai District.

http://www.judis.nic.in 4 G.R.SWAMINATHAN, J., rmk W.P(MD)No.1199 of 2019 23.01.2019 http://www.judis.nic.in

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