Madras High Court
WP/34101/2017 of G.Selva Kumar Vs The Inspector of Police on 28 December 2017
COURT OF JUDICATURE AT MADRAS DATED : 28.12.2017 CORAM: THE
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Relief
W.P.No.34101 of 2017
G.Selva Kumar .. Petitioner
1. The Inspector of Police, Traffic Investigation Wing, Besant Nagar Police Station, Chennai 600 020.
2. The License Authority cum Regional Transport Officer, Chennai South, Sholinganallur, Chennai 600 119. .. Respondents Prayer: Writ Petition filed under Article 226 of theConstitution of India praying to issue a Writ of Mandamus,directing the respondents to return the originaldriving license bearing D.L.No. TN 7219926003275 issued by the RDO Valliyur, Thirunelveli, of thepetitioner forthwith to the petitioner so as enabling him tojoin the duty in 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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2. The petitioner herein is working as a driver in MetroTransport Corporation. On 06.10.2017, a passenger travelling inthe bus driven by the petitioner appears to have fallen down.In this regard a criminal case was registered against the writpetitioner.
3. The first respondent while conducting investigation to thesaid criminal case seized the writ petitioner's original DrivingLicense bearing No.TN 72 19926003275. Hence, this writ petitionhas been filed for directing the first respondent to return thesame. The issue is no longer res integra. It is covered by adecision of the Division Bench of this Court in the case ofSethuram Vs. The Licensing Authority, The Regional TransportOfficer (Dindigul) reported in 2010 WLR 100, I therefore,direct the respondents to return the original Dirving License ofthe petitioner bearing No.TN 72 19926003275 forthwith.
4. Accordingly, the Writ Petition stands allowed. However,there shall be no order as to costs.
Sd/-Vacation Officer//True Copy// Sub Assistant RegistrarahTo
1. The Inspector of Police, Traffic Investigation Wing, Besant Nagar Police Station, Chennai 600 020.
2. The License Authority cum Regional Transport Officer, Chennai South, Sholinganallur, Chennai 600 119.
+1cc to Mr.S.RAVI Advocate, S.R.No. 92637+1cc to the Government Pleader, S.R.No. 92651