Madras High Court
H.Raju vs The Licensing Authority / ... on 3 January, 2022
WP(MD) No.23181 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR
W.P(MD) No.23181 of 2021
H.Raju ... Petitioner
Vs.
1.The Licensing Authority / Regional Transport Officer,
The Unit Office,
Kulithalai Zone,
Kulithalai,
Karur District.
2.The Inspector of Police,
Kulithalai Police Station,
Kulithalai,
Karur District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
the issuance of a Writ of Mandamus, directing the 1st respondent to return
the driving license of the petitioner bearing D.L.No.TN 45-19830000094
forthwith.
For Petitioner : Mr.V.R.Arunkumar
For Respondents : Mr.M.Ramesh,
Government Advocate.
1/6
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WP(MD) No.23181 of 2021
ORDER
Mr.V.R.Arunkumar, learned counsel on record for the sole writ
petitioner is before this virtual 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 1988. It is submitted that on 13.12.2021, there was an unfortunate fatal
accident, when the writ petitioner was behind the wheel in the course of his
duty while driving a public transport bus plying between Trichy Sathiram
bus stand and Neithalur. 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
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WP(MD) No.23181 of 2021
respondent. Be that as it may, the original driving licence of the writ
petitioner was also issued to the writ petitioner on 06.01.1983 and it bears
'No.TN 45-19830000094' (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, 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
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WP(MD) No.23181 of 2021
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 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.TN 45-19830000094] 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
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WP(MD) No.23181 of 2021
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 17.01.2022. 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.
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.
03.01.2022
Index : Yes/No
Internet : Yes /No
MR
https://www.mhc.tn.gov.in/judis
WP(MD) No.23181 of 2021
M.SUNDAR, J.
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.
To
1.The Licensing Authority / Regional Transport Officer,
The Unit Office,
Kulithalai Zone,
Kulithalai,
Karur District.
2.The Inspector of Police,
Kulithalai Police Station,
Kulithalai,
Karur District.
W.P.(MD)No.23181 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
