Allowed

P.Palani, v. Inspector of Police

Madras HC9 Feb 2018WP/2823/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed by a driver seeking the return of his seized original driving license. The Court held that retaining the license merely because a criminal case was pending was erroneous, directing immediate return while reserving the right to initiate action if statutory grounds later arise.

What did the court decide?

Respondents directed to return the petitioner's original driving license immediately upon receipt of the order copy.

P.Palani, Vs Inspector of Police — Motor Accident Claims | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.02.2018

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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Writ Petition No.2823 of 2018

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P.Palani
S/o.Ponnusamy .. Petitioner
Vs.
1. Inspector of Police
Traffic Investigation Wing
G7, Achirapakkam Police Station
Kancheepuram District.
2. The Regional Transport Officer
Maduranthagam
Kancheepuram District.
3. Regional Transport Officer
Dharmapuri. .. Respondents
Writ petition filed under Article 226 of the Constitution of
India praying for issuance of Writ of Mandamus, directing the
2nd and 3rd respondents herein to return the Original Driving
License (DL.No.TN-29 19800000191) to the petitioner forthwith.
For Petitioner : Mr.K.Hariharan
For Respondents : Mr.S.Soundararajan
Government Advocate
O R D E R

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Mr.S.Soundararajan, 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.

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The petitioner seeks for a Mandamus, directing the 2nd and 3rd respondents to return his original driving license bearing DL.No.TN-29 19800000191.

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https://hcservices.ecourts.gov.in/hcservices/

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3. Heard both sides.

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The petitioner is a driver in KPN Travels, Salem. It is stated that the petitioner's driving licence was seized, in pursuant to an accident taken place on 20.01.2018 and followed by the registration of FIR in Crime No.22 of 2018 under Sections 279 & 337 of IPC. Now the petitioner seeks for return of the driving licence by contending that the 2nd and 3rd respondents are not entitled to seize and retain the driving licence, simply because a criminal case is filed against the petitioner and the same is pending.

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The learned counsel appearing for the petitioner invited the attention of this Court to the Division Bench decision of this Court 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), wherein, this Court has considered a similar issue and found that even the suspension of the license on the ground that a criminal case is pending, is erroneous. I myself followed the above decisions in similar cases, wherein licence was suspended. Hence, I do not think that the respondents 2 and 3 are justified in retaining the driving license of the petitioner.

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Accordingly, the writ petition is allowed and the respondents are directed to return the driving license of the petitioner immediately on 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 Clauses (a) to (h) of Section 19(1) of the Motor Vehicles Act, arises later or if any of the Rules as prescribed by the Central Government in pursuance of Section 19(1)(f) of the Act, are violated. No costs.

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Inspector of Police Traffic Investigation Wing G7, Achirapakkam Police Station Kancheepuram District.

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2.The Regional Transport Officer Maduranthagam Kancheepuram District.

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3.The Regional Transport Officer
Dharmapuri.
+1 cc to Mr.K.Hariharan Advocate sr 9969
+1 cc to the Govt Pleader High Court Madras
sr 10622
W.P.No.2823 of 2018
aa19/02/2018

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https://hcservices.ecourts.gov.in/hcservices/

P.Palani, v. Inspector of Police

Case brief

What is this about?

What did the court decide?

P.Palani, v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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