Petitioner sought return of driving license seized after an accident leading to registration of a criminal case. Court held license retention erroneous absent statutory grounds. Petitioner directed to get license back immediately.
Respondent directed to return the petitioner's original driving license immediately upon receipt of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2017
CORAM
THE HONOURABLE Mr. JUSTICE K. RAVICHANDRABAABU
W.P.No. 10359 of 2017
Mr. A.M. Ammasi ...Petitioner
Versus
The Regional Transport Officer, Regional Transport Office, Mathigiri Post, Hosur,
Krishnagiri District. ...Respondent
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus directing the Respondent to return the Petitioner's Original Driving Licence bearing D.L.No. TN28 19790001412 to the Petitioner forthwith.
For Petitioner : Mr. C. Prakasam
For Respondent : Mr. C. Jagdish, Special Government Pleader
O R D E R
Mr.C.Jagdish, learned Additional Government Pleader takes notice for the respondent and by consent of the parties, the main writ petition itself is taken up for final disposal.
date. Therefore, it is contended by the petitioner that the seizure of the license and retaining the same is erroneous merely because the criminal case was registered against the petitioner in respect of an accident. Learned counsel for the petitioner, in support of his contention relied on the decision reported in 2010 Writ L.R. 100 (P.Sethuram vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul) and a single Judge decision made in W.P.No.16958/2013 dated 01.07.2013 reported in 2013 Writ L.R.843 (S.Duraivelu vs. The Regional Transport Officer, West Thambaram, Chennai & 2 others).
Sub Asst. Registrar
vsi
To
The Regional Transport Officer, Regional Transport Office, Mathigiri Post, Hosur, Krishnagiri District.
+1cc to Mr.C.Prakasam,Advocate sr.25442(27/4/2017)
W.P.No. 10359 of 2017
ev(co) ss(25/4/2017)
2 issues framed by the court
Whether the authorities are entitled to retain the petitioner's driving license merely because a criminal case was registered against him for an accident.
Whether the petitioner is entitled to get back his driving license with liberty to the respondents to initiate proceedings under specified contingencies.
Colour shows how this judgement treated each authority
P. Sethuram vs. The Licensing AuthorityRelied on¶17
2010 Writ L.R. 100 (P.Sethuram vs. The Licensing Authority)
S. Duraivelu vs. The Regional Transport OfficerRelied on¶17
2013 Writ L.R.843 (S.Duraivelu vs. The Regional Transport Officer)
2 provisions across 2 enactments
Mr. A.M. Ammasi
The Regional Transport Officer
K. RAVICHANDRABAABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
