Madras High Court
K.Dharmalingam vs The Regional Transport Officer on 5 January, 2022
W.P.(MD)No.50 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.50 of 2022
K.Dharmalingam ... Petitioner
Vs.
1.The Regional Transport Officer,
Madurai North,
Regional Transport Office,
Opp. to Mattuthavani Bus Stand,
Puthukulam, TNSTC Depot,
K.Pudur, Madurai – 625 007.
2.The Regional Transport Officer,
Regional Transport Unit Office,
Vadipatti,
No.2/9, Merathan,
Vadipatti Taluk,
Madurai District – 625 218.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.50 of 2022
3.The Inspector of Police,
Vadipatti Police Station,
Vadipatti, Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the first
respondent to return petitioner's original driving license bearing
No.TN33Y19990000173 to him forthwith.
For Petitioner : Mr.S.Prasanth
For Respondents : Mr.M.Ramesh
Government Advocate
ORDER
***********
Mr.S.Prasanth, 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 16.12.2021, there
was an unfortunate fatal accident, when the writ petitioner was
behind the wheel in the course of his duty while driving a public
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W.P.(MD)No.50 of 2022
transport bus plying between Madurai and Coimbatore. A First
Information Report (FIR) has been registered inter alia under
sections 279 and 337 of the Indian Penal Code (IPC) by the third
respondent police and subsequently was altered under Sections
279 and 304-A of IPC. This Court is informed that the matter is still
at FIR stage.
3.Be that as it may, learned counsel submits that the third
respondent had seized the original driving licence of the writ
petitioner at the time of the aforementioned accident and the third
respondent had handed over the original driving license of the writ
petitioner to the first respondent. This Court is informed that the
original driving licence of the writ petitioner was issued to the writ
petitioner on 21.01.1999 and it bears
'No.TN33Y19990000173' (hereinafter 'said DLR' for the sake of
convenience and clarity).
4.Mr.M.Ramesh, learned Government Advocate accepts
notice on behalf of all the respondents.
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W.P.(MD)No.50 of 2022
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, Dindigul in W.A.(MD)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.
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
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W.P.(MD)No.50 of 2022
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.TN33Y19990000173] 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
19.01.2022. 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 and the original driving licence
shall be handed over to him under due acknowledgment.
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W.P.(MD)No.50 of 2022
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. There shall be no order as to
costs.
05.01.2022
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.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.50 of 2022
To
1.The Regional Transport Officer,
Madurai North,
Regional Transport Office,
Opp. to Mattuthavani Bus Stand,
Puthukulam, TNSTC Depot,
K.Pudur, Madurai – 625 007.
2.The Regional Transport Officer,
Regional Transport Unit Office,
Vadipatti,
No.2/9, Merathan,
Vadipatti Taluk,
Madurai District – 625 218.
3.The Inspector of Police,
Vadipatti Police Station,
Vadipatti, Madurai District.
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W.P.(MD)No.50 of 2022
M.SUNDAR., J.
MR
ORDER MADE IN
W.P.(MD)No.50 of 2022
05.01.2022
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