Madras High Court
M.Radhakrishnan vs The Regional Transport Officer on 19 January, 2022
W.P.(MD)No.688 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.688 of 2022
and
W.M.P.(MD)No.546 of 2022
M.Radhakrishnan ... Petitioner
Vs.
1.The Regional Transport Officer,
and Licensing Authority,
Transport Department,
Sivakasi.
2.The Inspector of Police,
Sivakasi Town Police Station,
Sivakasi.
(Crime No.498/2021) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
respondents to forthwith return petitioner's original driving license
bearing DL No.TN 67 Z19910002050 to him within a time limit that
may be fixed by this Court.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.688 of 2022
For Petitioner : Mr.A.Rahul
For Respondents : Mr.T.Amjadkhan
Government Advocate
ORDER
***********
Mr.A.Rahul, learned counsel on record for 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 05.12.2021, 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 Sivakasi and Vembakottai. A First
Information Report (FIR) has been registered inter alia under
sections 279 and 304-A of the Indian Penal Code (IPC) by the third
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
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W.P.(MD)No.688 of 2022
second 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 15.10.1991 and it bears 'No.TN 67
Z19910002050' (hereinafter 'said DLR' for the sake of convenience
and clarity).
4.Mr.T.Amjadkhan, learned Government Advocate accepts
notice on behalf of all 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
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W.P.(MD)No.688 of 2022
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
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
67 Z19910002050] 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
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W.P.(MD)No.688 of 2022
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
02.02.2022. 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. Consequently, captioned Writ
Miscellaneous Petitions is closed. There shall be no order as to
costs.
19.01.2022
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.688 of 2022
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.688 of 2022
To
1.The Regional Transport Officer,
and Licensing Authority,
Transport Department,
Sivakasi.
2.The Inspector of Police,
Sivakasi Town Police Station,
Sivakasi.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.688 of 2022
M.SUNDAR., J.
MR
ORDER MADE IN
W.P.(MD)No.688 of 2022
19.01.2022
https://www.mhc.tn.gov.in/judis
