Madras High Court
R.Dhanapal vs The Transport Commissioner on 2 July, 2021
W.P.No.12728 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.12728 of 2021
R.Dhanapal ... Petitioner
Vs.
1.The Transport Commissioner,
Chepauk,
Chennai-600 005.
2.The Regional Transport Officer,
Regional Transport Office,
Thiruchengode,
Namakkal District.
3.The Inspector of Police,
Elachipalayam Police Station, (Incharge),
Mallasamuthiram Police Station,
Namakkal District.
4.The Branch Manager,
Tamil Nadu State Transport Corporation,
Thiruchengode Branch,
Namakkal District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
W.P.No.12728 of 2021
return the petitioner's driving licence in D.L.No.TN28 1991 0000513 and
enable him to join and continue his service in the 4th respondent
Transport Corporation.
For Petitioner : Mr.R.Surya Prakash
For Respondents : Mr.M.R.Gokul Krishnan
JUDGMENT
(The case has been heard through video conference)
This petition is filed to direct the respondents 1 to 3 to return
the petitioner's driving licence in D.L.No.TN28 1991 0000513 and
enable him to join and continue his service in the 4th respondent
Transport Corporation.
2. According to the petitioner, one Mrs.Kalpana,
W/o.Madheswaran, made a complaint before the 3rd respondent stating
that the petitioner was a driver of the Transport Corporation bus, and
while he was driving the bus bearing Registration No.TN 30 N 1359,
attempted to overtake her husband's two wheeler motorcycle bearing
Registration No.TN 45 M 5326 super XL, and caused the accident at
https://www.mhc.tn.gov.in/judis/
W.P.No.12728 of 2021
about 19.00 hrs., near Arupathamparai, as a result of which, her husband
died on the spot and the pillion rider of the two wheeler, who is her
mother-in-law suffered grievous injuries and also died on the way to
hospital. The respondent police registered a criminal case in Crime
No.189 dated 04.04.2021 against the petitioner for the offences under
Sections 279, 338 and 304(A) of IPC. In view of the fact that the criminal
case was registered by the police as against the petitioner, his original
driving licence has been seized by the police and the same was handed
over to the 2nd respondent RTO for suspension of his licence. The
petitioner made representations to the respondents to return his driving
licence which was seized by the 2nd respondent. Till date, his
representation was not yet considered. In view of the fact that the
petitioner is not in a position to join duty without licence, filed the
present writ petition before this Court.
3. The learned Government Advocate appearing for the
respondents 1 and 2 would submit that a counter has been filed by the 3 rd
respondent stating that a criminal case in Crime No.189 of 2021 dated
https://www.mhc.tn.gov.in/judis/
W.P.No.12728 of 2021
04.04.2021 has been registered under Sections 279, 338 and 304(A) of
IPC as against the petitioner. Therefore, Section 206(2) of the Motor
Vehicles Act, provides Power to Police Officer to impound document.
Therefore, the petitioner's representation will be considered in
accordance with the aforesaid Rule 206 of the Motor Vehicles Act, 1988.
4. The learned counsel for the petitioner placed reliance on the
decision rendered by this Court in W.P.Nos.5009 and 5011 of 2019 dated
05.03.2019, wherein, on the similar issue, this Court has considered and
directed the party to approach the R.T.O. concerned and on such
application is being received, the R.T.O. concerned shall consider such
application and pass appropriate orders for issuing temporary
acknowledgment as per Section 206(3) of the Motor Vehicles Act, within
a period of one week thereafter.
5. In the light of the above, this writ petition is also be disposed
of on the same line as per the order passed by this Court in
W.P.Nos.5009 and 5011 of 2019 dated 05.03.2019, the RTO concerned
https://www.mhc.tn.gov.in/judis/
W.P.No.12728 of 2021
on receipt of application by petitioner, shall pass orders on merits, within
a period of two weeks from the date of receipt of a copy of this order. It
is made clear that the application of the petitioner will be considered only
on receipt of the original driving licence from the concerned Station
House Officer. The petitioner also make a copy of the said application to
the 2nd respondent along with the order.
6. With the above directions, this writ petition is disposed of.
No costs.
02.07.2021
Index:Yes / No
Internet:Yes
Speaking / Non-Speaking Order
ssn
Note:Issue Order Copy on 06.07.2021.
https://www.mhc.tn.gov.in/judis/
W.P.No.12728 of 2021
D.KRISHNAKUMAR, J.,
ssn
To
1.The Transport Commissioner,
Chepauk,
Chennai-600 005.
2.The Regional Transport Officer,
Regional Transport Office,
Thiruchengode,
Namakkal District.
3.The Inspector of Police,
Elachipalayam Police Station, (Incharge),
Mallasamuthiram Police Station,
Namakkal District.
4.The Branch Manager,
Tamil Nadu State Transport Corporation,
Thiruchengode Branch,
Namakkal District.
W.P.No.12728 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
