S.Sivakumar vs The Regional Transport Officer
2024 Latest Caselaw 21516 Mad

Madras High Court

S.Sivakumar vs The Regional Transport Officer on 12 November, 2024

                                                                             W.P.(MD) No.26939 of 2024



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 12.11.2024

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                            W.P.(MD) No.26939 of 2024

                     S.Sivakumar                                               .. Petitioner

                                                         Vs.

                     1.The Regional Transport Officer,
                       The Regional Transport Office,
                       Srirangam, Trichy District.

                     2.The Inspector of Police,
                       Kattuputhur Police Station,
                       Thottiyam Circle, Trichy District.                      .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of Writ of Mandamus, directing the first respondent
                     to return the petitioner's original driving license bearing Number TN46
                     19980002023 within a time limit that may be fixed by this Court.

                                   For Petitioner    :      Mr.V.Arunagiri

                                   For R1            :      Mr.R.Suresh Kumar
                                                            Additional Government Pleader

                                   For R2            :      Ms.M.Aasha
                                                            Government Advocate (Crl. Side)

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                                                                                   W.P.(MD) No.26939 of 2024




                                                            ORDER

This writ petition has been filed seeking a direction upon the first

respondent to return the petitioner's original driving license bearing

Number TN46 19980002023.

2. The learned counsel for the petitioner would submit that the

petitioner is working as a Bus Driver with the State Express Transport

Corporation. Pursuant to an accident occurred on 05.10.2024, the first

respondent herein had confiscated the petitioner's driving licence and

hence, he is unable to perform his duty. He had also made a

representation to the first respondent and the same had not evoked any

response. Hence, he has approached this Court.

3. The petitioner's driving licence has been confiscated by the first

respondent without following the due process of law. In such

circumstance, this Court had already in a similar case in W.P.(MD) No.

29721 of 2023 batch, dated 12.01.2024, held that the respondent-Police

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cannot seize the driving licence of the Driver and that the Regional

Transport Authority cannot prejudge the guilt of the Driver even before

final report by the respondent-Police and had directed the Regional

Transport Officer to return the driving licence of the petitioner.

4. Since the present facts of the case are also squarely covered to

the judgment rendered by this Court in W.P.(MD) No.29721 of 2023

batch, I am inclined to issue the following directions:

i. The first respondent-Regional Transport Officer is directed to

return the driving licence of the petitioner within a period of one

week from the date of receipt of a copy of this order;

ii. It is open to the second respondent-Police to forward the relevant

materials to the Regional Transport Officer after filing of the final

reports in the criminal cases registered against the petitioners; and

iii. On receipt of any such materials from the second respondent-

Police, the first respondent shall take appropriate action as

stipulated under Section 19 of the Motor Vehicles Act, 1988.

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5. With the aforesaid directions, this Writ Petition stands disposed

of. There shall be no order as to costs.

12.11.2024

Note: Issue order copy by 13.11.2024

NCC : Yes/No Index : Yes/No Internet : Yes

abr

To

1.The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy District.

2.The Inspector of Police, Kattuputhur Police Station, Thottiyam Circle, Trichy District.

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K.KUMARESH BABU, J.

abr

Dated: 12.11.2024

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