R.Ramesh Kumar vs The Regional Transport Officer
2022 Latest Caselaw 9415 Mad

                                                                          W.P.(MD).No.10370 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.06.2022

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                           W.P.(MD).No.10370 of 2022

                R.Ramesh Kumar                                               ... Petitioner

                                                      Vs.
                1.The Regional Transport Officer,
                  Regional Transport Office,
                  Collectorate Complex,
                  Chettianayakkanpatti Post,
                  Thadikombu Road,
                  Dindigul-624 001.

                2.The Regional Transport Officer,
                  Regional Transport Office,
                  Aravind Vaniga Valagam,
                  Dindigul Road,
                  Palani-624 601,
                  Dindigul District.

                3.The Inspector of Police,
                  Ayakudi Police Station,
                  Ayakudi, Dindigul District.                                ...Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the second
                respondent to return the petitioner's Original Driving License bearing No.Tn41
                19990003166 to him forthwith.



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https://www.mhc.tn.gov.in/judis
                                                                               W.P.(MD).No.10370 of 2022




                                  For Petitioner         : Mr.S.Prasanth
                                  For Respondents        : Mr.S.Kameshwaran,
                                                           Government Advocate.

                                                     ORDER

The present writ petition has been filed seeking a mandamus to return the

driving license of the petitioner forthwith.

2. The petitioner was involved in a fatal accident while he was working

as a Driver. According to the petitioner, his driving license was seized by the

third respondent and later it was handed over to the second respondent.

3. Learned counsel for the respondent authorities submitted that the

petitioner has been issued with the show-cause notice on 19.05.2022 to appear

for the enquiry.

4. In view of a Division Bench judgment of our High Court in

P.Sethuram vs. The Licensing Authority – The Regional Transport Officer,

reported in (2010) 2 MLJ 778, the respondents authorities have no legal right to

https://www.mhc.tn.gov.in/judis W.P.(MD).No.10370 of 2022

seize the driving license of the writ petitioner without arriving at a conclusion

that he is guilty of rash and negligent driving. Hence, this writ petition stands

allowed. The second respondent is directed to forthwith return the driving

license to the writ petitioner. However, this order will not prevent the

authorities from proceeding with the enquiry or passing any orders. Thereafter

the respondents authorities will entitle to seize or suspend the license as the

case may be. No costs.

                                                                           01.06.2022

                Index             : Yes / No
                Internet          : Yes/ No
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                To

1.The Regional Transport Officer, Regional Transport Office, Collectorate Complex, Chettianayakkanpatti Post, Thadikombu Road, Dindigul-624 001.

2.The Regional Transport Officer, Regional Transport Office, Aravind Vaniga Valagam, Dindigul Road, Palani-624 601, Dindigul District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.10370 of 2022

R.VIJAYAKUMAR, J.

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3.The Inspector of Police, Ayakudi Police Station, Ayakudi, Dindigul District.

W.P.(MD).No.10370 of 2022

01.06.2022

https://www.mhc.tn.gov.in/judis