Madras High Court
WP/34122/2017 of K.Venkatesan, Vs Inspector of Police, on 28 December 2017
COURT OF JUDICATURE AT MADRAS DATED : 28.12.2017 CORAM: THE
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.12.2017
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHANW.P.No.34122 of 2017
K.Venkatesan ..Petitioner
Vs
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1. The Inspector of Police, Traffic Investigation Wing, Thirumangalam Police Station, Chennai 600 101.
2. The License Authority cum Regional Transport Officer, Chennai North, Kolathur, Chennai 600 099. ..Respondents Prayer: Writ Petition filed under Article 226 of theConstitution of India praying to issue a Writof Mandamus, directing the respondents to return the originaldriving license bearing D.L.No. TN 2119920001206 issued by the RDO Kanchipuram, of the petitionerforthwith to the petitioner so as enabling him to join the dutyin the Transport Corporation.
For Petitioner :Mr.S.RaviFor Respondents:Mrs.M.E.Raniselvam,Additional Government Pleader Heard Mr.S.Ravi, learned counsel appearing for thepetitioner and Mrs.M.E.Raniselvam, learned Additional GovernmentPleader for the respondents. With the consent of the learnedcounsel appearing for the petitioner and learned AdditionalGovernment Pleader, the Writ Petition is taken up for finaldisposal at the admission stage itself.
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Transport Corporation. On 30.10.2017, the bus which was beingdriven by the writ petitioner was involved in an accident. Inthis regard, a criminal case was registered against the writpetitioner.
3. The first respondent while conducting investigation intothe said criminal case seized the writ petitioner's originalDriving License bearing No.TN 21 19920001206. Hence, this writpetition has been filed for directing the first respondent toreturn the same. The issue is no longer res integra. It iscovered by a decision of the Division Bench of this Court in thecase of Sethuram Vs. The Licensing Authority, The RegionalTransport Officer (Dindigul) reported in 2010 WLR 100, Itherefore, direct the respondents to return the original DirvingLicense of the petitioner bearing No.TN 21 19920001206forthwith.
4. Accordingly, the Writ Petition stands allowed. However,there shall be no order as to costs.
ahTo
Sd/-Vacation Officer//True copy//Sub Assistant Registrar
1. The Inspector of Police, Traffic Investigation Wing, Thirumangalam Police Station, Chennai 600 101.
2. The License Authority cum Regional Transport Officer, Chennai North, Kolathur, Chennai 600 099.
+1cc to Mr.S.Ravi, Advocate SR.No.92636+1cc to Government Pleader SR.No.92653
MR(CO)GN(02/01/2018)
W.P.No.34122 of 2017