Madras High Court
A.Antonysamy vs The Regional Transport Officer on 8 December, 2021
W.P.(MD)No.21701 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.21701 of 2021
A.Antonysamy ... Petitioner
Vs.
1.The Regional Transport Officer,
The Regional Transport Office,
Theni.
2.The Inspector of Police,
Thenkarai Police Station,
Thenkarai,
Periyakulam Taluk,
Theni District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
respondents to return petitioner's driving license bearing
D.L.No.TN-45-19930003092 forthwith.
For Petitioner : Mr.S.Arunachalam
For Respondents : Mr.M.Ramesh
Government Advocate
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.21701 of 2021
ORDER
***********
Mr.S.Arunachalam, learned counsel on record for the sole
writ petitioner is before this Court.
2.Learned counsel for writ petitioner submits that the writ
petitioner is working as a Driver with the Tamil Nadu State
Transport Corporation from 2010. It is submitted that on
16.11.2021, 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 Manapparai and
Trichy. A First Information Report (FIR) has been registered inter
alia under sections 279 and 304-A of the Indian Penal Code (IPC)
by the second respondent police. This Court is informed that the
matter is still at FIR stage.
3.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. Be that as it may, the
original driving licence of the writ petitioner was also issued to the
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W.P.(MD)No.21701 of 2021
writ petitioner on 19.08.1993 and it bears 'No.TN45
19930003092' (hereinafter 'said DLR' for the sake of convenience
and clarity).
4.Mr.M.Ramesh, learned Government Advocate accepts
notice on behalf of both the respondents.
5.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 (as His Lordship
then was) presiding the Hon'ble Division Bench. 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.
6.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.
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W.P.(MD)No.21701 of 2021
7.Learned State counsel submits, on instructions, that the
matter is in FIR stage (as already alluded to supra) and prosecution
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.
8.In the light of the narrative thus far, this Court is of the
considered view that the prayer in the captioned writ petition viz.,
prayer to return the original driving licence [bearing licence
No.TN45 19930003092] of the writ petitioner can be acceded to.
9.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
22.12.2021. The writ petitioner shall go over to the office of the
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W.P.(MD)No.21701 of 2021
first respondent on any working day in the after noon session
between 02.00 PM and 04.00 PM and the original driving licence
shall be handed over to him under due acknowledgment.
10.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.
11.Captioned Writ Petition is disposed of in aforesaid manner
i.e., with aforementioned directive and there shall be no order as to
costs.
08.12.2021
Index : Yes / No
Internet: Yes / No
MR
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.21701 of 2021
To
1.The Regional Transport Officer,
The Regional Transport Office,
Theni.
2.The Inspector of Police,
Thenkarai Police Station,
Thenkarai,
Periyakulam Taluk,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.21701 of 2021
M.SUNDAR., J.
MR
ORDER MADE IN
W.P.(MD)No.21701 of 2021
08.12.2021
https://www.mhc.tn.gov.in/judis
