Madras High Court
A.Manivannan vs The Regional Transport Officer on 7 December, 2021
W.P.(MD)No.21508 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.21508 of 2021
A.Manivannan ... Petitioner
Vs.
1.The Regional Transport Officer,
The Regional Transport Office,
Srivilliputhur,
Virudhunagar District.
2.The Sub-Inspector,
Malli Police Station,
Virudhunagar District. ... Respondents
[R2 is suo motu impleaded vide order dated 07.12.2021]
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the respondent
to return the driving license of the petitioner bearing D.L.No.TN
67-20080004099 forthwith.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.21508 of 2021
For Petitioner : Mr.V.R.Arunkumar
For Respondent No.1 : Mr.A.Baskaran
Additional Government Pleader
ORDER
***********
Mr.V.R.Arunkumar, learned counsel on record for the sole writ
petitioner is before me.
2.Learned counsel for writ petitioner submits that the writ
petitioner is working as a Driver with the Tamil Nadu State
Transport Corporation from 1995. It is submitted that on
01.11.2021, there was an unfortunate fatal accident, when the writ
petitioner was behind the wheel in the course of his duty while
driving a public transport bus plying between Aruppukottai and
Coutralam. A First Information Report (FIR) has been registered
inter alia under sections 279 and 337 of the Indian Penal Code
(IPC). This court is informed that the matter is still at FIR stage.
3.This Court is informed that the aforementioned FIR is on
the file of Malli Police Station but the jurisdictional Police Station
has not been added as a co-respondent. Therefore I suo motu
implead 'Station House Officer (SHO) of Malli Police Station,
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W.P.(MD)No.21508 of 2021
Virudhunagar District' as second respondent. Registry to carry out
necessary and consequential amendments in the case file before
uploading this order, issue of the order before despatching the
orders to all concerned.
4.In this case, a show cause notice has been issued by the
first respondent and the same is show cause notice dated
11.11.2021 bearing File No.21902/B3/2021. Learned Counsel for
writ petitioner submits that he will respond to the show cause
notice. The show cause notice will proceed on its own merits and in
accordance with law uninfluenced by this order or any observations
made in this order.
5.Be that as it may, learned counsel submits that the second
respondent had seized the original driving licence of the writ
petitioner at the time of the aforementioned accident and the
second respondent had handed over the original driving license of
the writ petitioner to the first respondent. The original driving
licence of the writ petitioner was issued to the writ petitioner on
08.09.2008 and it bears 'No.TN 67 20080004099' (hereinafter 'said
DLR' for the sake of convenience and clarity).
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W.P.(MD)No.21508 of 2021
6.Mr.A.Baskaran, learned Additional Government Pleader
accepts notice on behalf of both the respondents.
7.There is no disputation or disagreement that the captioned
matter is covered by the principle laid down by a Hon'ble Division
Bench of this Court in P.Sethuram VS. The Licensing Authority,
The Regional Transport Officer in W.A.No.374 of 2009
authored by Hon'ble Justice V.Ramasubramanian presiding the
Hon'ble Division Bench of this Court (as His Lordship then was).
This judgment is reported in 2010-Writ L.R.100 and this deals
with the scope of the power of the first respondent in cases of such
nature.
8.There is no disputation or disagreement before this Court
that in similar matters prayers have been acceded to and that
includes orders dated 30.04.2019 in W.P.No.13570 of 2019 and
10.11.2020 in W.P(MD).No.15797 of 2020 made by Honourable
Predecessor Judges.
9.Learned State counsel submits, on instructions, that the
matter is in FIR stage (as already alluded to supra) and prosecution
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W.P.(MD)No.21508 of 2021
will be pursued. However, there is no disputation qua the
aforementioned earlier orders made by Honourable Predecessor
Judges and the same having been complied with by the State
without carrying the matter in appeal by way of intra-court
appeals.
10.In the light of the narrative thus far, this Court is of the
considered view that prayer in the captioned writ petition viz.,
prayer to return the original driving licence [bearing licence No.TN
67-20080004099 ] of the writ petitioner can be acceded to.
11.This Court is informed that the original driving licence
i.e., said DLR is now with the first respondent. The first respondent
shall take necessary written undertaking, retain photocopies of the
original driving licence and return the writ petitioner's
aforementioned original driving licence i.e., said DLR to the writ
petitioner (under due acknowledgment) as early as possible and in
any event within a fortnight from today i.e., on or before
21.12.2021. The writ petitioner shall go over to the office of the
first respondent on any working day in the after noon session
between 02.00 PM and 04.00 PM the original driving licence shall
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W.P.(MD)No.21508 of 2021
be handed over to him by first respondent under due
acknowledgment.
12.It is made clear that the writ petitioner shall produce the
original driving licence as and when called for, make himself
available for the criminal case to proceed and cooperate with the
investigation.
13.Captioned Writ Petition is disposed of in aforesaid manner
i.e., with aforementioned directives and there shall be no order as
to costs.
07.12.2021
Index : Yes / No
Internet: Yes / No
MR
Note: Registry to carry out necessary amendments.
NOTE: In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the order
that is presented is the correct copy,
shall be the responsibility of the
advocate/litigant concerned.
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W.P.(MD)No.21508 of 2021
To
1.The Regional Transport Officer,
The Regional Transport Office,
Srivilliputhur,
Virudhunagar District.
2.The Sub-Inspector,
Malli Police Station,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.21508 of 2021
M.SUNDAR., J.
MR
ORDER MADE IN
W.P.(MD)No.21508 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
