Madras High Court
M.Rajangam vs The Regional Transport ... on 19 November, 2021
W.P.(MD)No.20717 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.20717 of 2021
M.Rajangam ... Petitioner
Vs.
The Regional Transport Commissioner,
O/o. The Regional Transport Commissioner,
Madurai (Central),
Madurai – 625 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the respondent
to return the petitioner's original Driving License bearing No.TN 58
19980002832 seized and kept in his custody based on the
petitioner's representation dated 01.10.2021 through registered
post with ack. due within the time limit that may be stipulated by
this Court.
For Petitioner : Mr.S.P.Naveen Kumar
For Respondents : Mr.M.Lingadurai
Special Government Pleader
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W.P.(MD)No.20717 of 2021
ORDER
S.P.Naveen Kumar, 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. It is submitted that on 14.09.2021, 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 Mattuthavani and Periyar Bus Stand,
Madurai. A First Information Report (FIR) has been registered
inter alia for rash and negligent driving causing death. This Court
is informed that the matter is still at FIR stage.
3. Be that as it may, learned counsel submits that the
respondent had seized the original driving licence of the writ
petitioner at the time of the aforementioned accident and the
original driving licence of the writ petitioner bears 'No.TN58
19980002832' (hereinafter 'said DLR' for the sake of convenience
and clarity). To be noted, the date of issue of driving license has not
been mentioned in the writ affidavit but a scanned reproduction of
said DLR as placed before me as part of the typed set of papers is
as follows:
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W.P.(MD)No.20717 of 2021
4. Mr.M.Lingadurai, learned Special Government Pleader
accepts notice on behalf of the lone respondent.
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 a Judge of this
Court (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 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
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W.P.(MD)No.20717 of 2021
10.11.2020 in W.P(MD).No.15797 of 2020 made by Honourable
Predecessor Judges.
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 said DLR ie., the original driving licence [bearing
licence No.TN58 19980002835] 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 respondent. The 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
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W.P.(MD)No.20717 of 2021
fortnight from today i.e., on or before 03.12.2021. The writ
petitioner shall go over to the office of the 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.
19.11.2021
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.20717 of 2021
M.SUNDAR., J.
MR
To
The Regional Transport Commissioner,
O/o. The Regional Transport Commissioner,
Madurai (Central),
Madurai – 625 020.
ORDER MADE IN
W.P.(MD)No.20717 of 2021
19.11.2021
https://www.mhc.tn.gov.in/judis
