A.Duraisamy … vs Inspector Of Police
2025 Latest Caselaw 8776 Mad

Madras High Court

A.Duraisamy … vs Inspector Of Police on 20 November, 2025

                                                                                            W.P. No.45111 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 20.11.2025

                                                               CORAM

                                  THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN

                                                     W.P. No.45111 of 2025

            A.Duraisamy                                                                    …Petitioner

                                                                    Vs.

            1.Inspector of Police,
            Tiruppur North Police Station,
            Tiruppur.

            2.The Licensing Authority cum-
            Regional Transport Officer,
            Tiruppur North,
            Tiruppur.                                                                      ...Respondents



            Prayer : This writ petition has been filed under Article 226 of the Constitution of India,
            praying to issue a Writ of Mandamus, directing the 2nd respondent herein to return the
            original driving license (DL No.TN28 19940001881) to the petitioner forthwith.


                                      For Petitioner(s)      : Mr.K.Hariharan



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                                                                                      W.P. No.45111 of 2025


                                  For Respondent(s) : Mr.M.Shajahan
                                                      Special Government Pleader




                                                                                                         2




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                                                                                      W.P. No.45111 of 2025


                                                        ORDER

The petitioner is a Driver with the Tamil Nadu State Road Transport Corporation.

While on duty on 02.09.2025, the bus he was driving suffered an accident. On account

of the accident, an F.I.R was registered in Crime No.1025 of 2025 by the first respondent

Police. The petitioner handed over his original Driving License to the first respondent.

On 05.09.2025, the first respondent forwarded the original driving license to the second

respondent, calling upon him to initiate proceedings for cancellation.

2. It has been settled by a Division Bench of this Court in 2010 WLR 100 (DB)

that a license cannot be cancelled till the criminal proceedings attain finality. Apart from

the registration of F.I.R in this case, the matter has not proceeded further. That being the

position, the judgment of the Division Bench squarely be applicable to the facts of the

case.

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3. The writ petition is ordered. No costs. The second respondent is directed to

hand over the license to the writ petitioner.

4. At this stage, Mr.Shajahan, states that he will produce the driving license on

25.11.2025.

5. Post the matter on 25.11.2025 under the caption “For Reporting Compliance”.

20.11.2025

Index : Yes/No Internet: Yest/No Speaking or Non-speaking order

kak

To

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1.Inspector of Police, Tiruppur North Police Station, Tiruppur.

2.The Licensing Authority cum-

Regional Transport Officer, Tiruppur North, Tiruppur.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/11/2025 07:41:14 pm )

V.LAKSHMINARAYANAN, J.

kak

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/11/2025 07:41:14 pm )

Dated : 20.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/11/2025 07:41:14 pm )