Mr.S.Diwakar, learned Special Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to return his original Driving License bearing DL No.TN60 19860002986 to him forthwith.
3. It is the case of the petitioner that he is a Driver in the Tamil Nadu State Transport Corporation Limited, Coimbatore Division and in the accident that had occurred on 13.08.2017, the petitioner's Driving License was seized by the Inspector of Police and handed over to the 2nd respondent. According to the petitioner, FIR was registered in Crime No.286 of 2017 under
Sections 279 and
304-A of IPC.
4.The learned counsel appearing for the petitioner submitted that the issue involved in the present Writ Petition is covered by the decision of this Court reported in 2015 (2) CTC 626 [R.Ravi Vs. The Regional Transport Officer, Transport Department, Chennai 600 078 [Chennai (West)]] wherein it has been held as follows:
Following the ratio laid down by the Division Bench of this Court reported in P.Sethuram V. The Licensing Authority, The Regional Transport Officer, Dindigul, 2009 (2) TN MAC 252 (DB) : 2010 WLR 100, the impugned Order passed by the Respondent us liable to be set aside and accordingly, the same is set aside. The Respondent is directed to return the Driving Licence of the petitioner within a week from the date of receipt of a copy of this Order. However, it shall not preclude the Respondent from initiating any action, if any of the contingencies specified in Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government, in pursuance of the provisions of the Act, are violated.
5. Mr.S.Diwakar, learned Special Government Pleader appearing for the respondents also submitted that the issue is covered by the judgment of this Court reported in 2015 (2) CTC 626 [R.Ravi Vs. The Regional Transport Officer, Transport Department, Chennai 600 078 [Chennai (West)]].
6. Having regard to the submissions made by the learned counsel on either side, I direct the 2nd respondent to return the petitioner's original Driving License bearing DL No.TN60 19860002986 of the petitioner within a week's time from the date of receipt of a copy of this order. However, it shall not preclude the respondents from initiating any action, if any of the contingencies specified in Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government, in pursuance of the provisions of the Act, are violated.
With these observations, the Writ Petition is allowed. No costs.
18.09.2017 sk To
1.Inspector of Police, Traffic Investigating Wing, Coimbatore West, Coimbatore.
2.The Licensing Authority cum-
Regional Transport Officer, Coimbatore Central, Coimbatore-18.
M.DURAISWAMY, J.
sk W.P.No.23608 of 2017 18.09.2017