P.Elumalai (D.50072) vs The Regional Transport Officer ...
2023 Latest Caselaw 2917 Mad

                                                                                 W.P.No.8147 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 20.03.2023
                                                         CORAM

                          THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                    W.P.No.8147 of 2023

                P.Elumalai (D.50072)
                S/o.Perumal
                No.2/4, Desigan Street
                Thandalam Anna Nagar
                Chennai 600 077                                              ... Petitioner
                                                            Vs.

                1.The Regional Transport Officer (South-West)
                No.47 & 49, Kaliamman Koil Street
                Sai Nagar, Virugambakkam
                Chenani 600 092

                2.The Inspector of Police
                R4-Pondy Bazar
                Traffic Investigation Wing
                T.Nagar, Chennai 600 017.                                    ... Respondents


                Prayer: Petition filed under Article 226 of the Constitution of India for issuance

                of Writ of Mandamus directing the first Respondent herein to return the

                Petitioner's Driving license bearing DL.No.TN-2020080003888 forthwith.


                                   For Petitioner           : Mr.K.J.Sivakumar


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https://www.mhc.tn.gov.in/judis
                                                                                W.P.No.8147 of 2023



                                  For Respondents         : Mr.A.M.Ayyathurai
                                                            Government Advocate

                                                      ORDER

This Writ Petition has been filed seeking direction to the first Respondent

herein to return the Petitioner's Driving license bearing DL.No.TN-

2020080003888 forthwith.

2.Heard the learned counsel appearing on behalf of the Petitioner and

learned Government Advocate appearing on behalf of the Respondents.

3.The vehicle driven by the Petitioner as driver in the Transport

Corporation Bus was met with an accident on 31.12.2022 and his license seems

to have been impounded by the police and handed over to the RTO and show

cause notice was also issued under Section 19(1) of the Motor Vehicles Act on

16.01.2023.

4.In this regard, the learned counsel for the Petitioner relied upon the

judgment made by the Division Bench of this Court in W.A.(MD).No.176 of

2009 and order made by this Court in WP(MD).No.12345 of 2022 dated

https://www.mhc.tn.gov.in/judis W.P.No.8147 of 2023

17.06.2022, whereby this Court categorically held that the authorities have no

power to impound the driving license, but they can take action for cancellation

of license. In this case, without conducting any enquiry, the driving license of

the Petitioner was impounded and hence, I hereby ordered for the release of the

driving license of the Petitioner within a period of three days, from the date of

receipt of a copy of this order.

5.The learned Government Advocate is directed to inform the RTO about

the passing of this order and it is hereby made clear that the passing of this

order does not interfere with the statutory proceedings to be initiated and action

taken by the Respondents under the Motor Vehicles Act against the Petitioner.

6.With these directions, this Writ Petition is allowed. No costs.

                                                                                          20.03.2023
                Index            : Yes/No
                Neutral citation : Yes/No

Speaking Order/Non-Speaking Order

sai

https://www.mhc.tn.gov.in/judis W.P.No.8147 of 2023

RMT.TEEKAA RAMAN.J,

sai To

1.The Regional Transport Officer (South-West) No.47 & 49, Kaliamman Koil Street Sai Nagar, Virugambakkam Chenani 600 092

2.The Inspector of Police R4-Pondy Bazar Traffic Investigation Wing T.Nagar, Chennai 600 017.

W.P.No.8147 of 2023

Dated: 20.03.2023

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