Writ petition filed seeking return of a driving licence seized during an accident investigation. The single judge held that mere pendency of a criminal case does not justify retaining the licence absent a show cause notice or suspension order, and directed its return.
Respondents directed to return the driving licence to the petitioner within seven days.
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:06.04.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU
W.P.No.8104 of 2017
K.Siva Kumar
Anna Salai
Balu Chetty Chatram
Kancheepuram ... Petitioner
vs.
1. Inspector of Police
Traffic Investigating Wing,
Elephant Gate Police Station,
Chennai
2. The Licensing Authority-Cum-
The Regional Transport Officer
Kancheepuram,
Kancheepuram District. ... Respondents.
Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus or any
other appropriate writ or order or direction in the nature of
a writ, directing the second respondent herein to return the
Original Driving Licence ( DL.No.TN-21-19920000818) of the
petitioner herein.
For Petitioner : Mr.K.Hariharan For Respondents : M.Elumalai,Government Advocate.
O R D E R
Mr.M.Elumalai, learned Government Advocate, takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
3. Heard both sides.
/true copy/
Sub Asst. Registrar
vsi
To
+1cc to Mr.K. Hariharan, Advocate Sr. 20632
W.P.No.8104 of 2017
SKV(CO)
VR(07/04/2017)
2 issues framed by the court
Whether theTraffic Police and Licensing Authority are justified in retaining the petitioner's driving licence merely because a criminal FIR is pending against him.
Whether the issuance of a show cause notice is a prerequisite step before retaining a driving licence in cases where the licence itself has not been suspended.
Colour shows how this judgement treated each authority
S. Duraivelu vs. The Regional Transport Officer, West Thambaram, Chennai & 2 othersFollowed¶14
2013 Writ L.R.843
Article 226 of the ConstitutionApplied¶6
K. Siva Kumar
Inspector of Police, Traffic Investigating Wing, Elephant Gate Police Station, Chennai
The Licensing Authority-Cum- The Regional Transport Officer, Kancheepuram
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
