Disposed

A.Sethuraman v. The Licensing Authority

Madras HC11 Dec 2018WP/31727/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought return of his driving licence seized by the police during an accident inquiry. The Court directed the Licensing Authority to return the licence pending the conclusion of the Section 19 enquiry.

What did the court decide?

The Licensing Authority is directed to return the Driving Licence to the petitioner within three weeks from receipt of objections from the enquiry proceedings pending period of four weeks.

A.Sethuraman Vs The Licensing Authority — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.12.2018

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CORAM

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THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN

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W.P.31727 of 2018

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A.Sethuraman ... Petitioner

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Vs 1. The Licensing Authority, Regional Transport Office, Coimbatore South, No.100, Peelamedu Pudhur & Post, Coimbatore Dt.-641 004. 2. The Inspector of Police Traffic Investigation Wing, (East), Coimbatore City, Coimbatore Dt. ... Respondents PRAYER :

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Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents herein to return the Driving Licence number TN 5820010006172 of the petitioner.

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For Petitioner : Mr.R.Y.George William For Respondents : Mrs.Ramya Revathy, Government Pleader

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This writ petition has been filed seeking direction to the respondents to return the original Driving Licence to the petitioner.

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According to the petitioner, he is a driver in Tamil Nadu State Transport Corporation Ltd., Coimbatore Division and the bus driven by him was met with an accident on 16.09.2018. Based on that, a criminal case was registered against him by the second respondent police in Cr.No.540/2018. Thereafter, the second respondent/Inspector of Police seized his licence and

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

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produced the same before the first respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. But, so far no action has been taken by the first respondent and the first respondent/Regional Transport Office is holding the licence with them. Hence, the present writ petition is filed.

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Today, when the matter is taken up for the hearing, the learned Government Pleader, appearing for the first respondent submitted that already an enquiry has been initiated under section 19(1) of the Act and a show cause notice was also issued to the petitioner. But, so far the petitioner did not file his objection and hence, enquiry is pending.

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I have heard the rival submissions and perused the materials available on records.

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Considering the fact that as already enquiry has been initiated under section 19(1) of the Act and show cause notice dated 07.12.2018 was also issued to the petitioner, the petitioner is directed to submit his objections before the first respondent, within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to conduct enquiry and pass a final reasoned order on merits and in accordance with law within a period of four weeks thereafter. Until the final order is passed in the proceedings, the first respondent has no power to withhold the licence. In the said circumstances, the first respondent/Licensing Authority is directed to return the Licence to the petitioner subject to the result of the enquiry proceedings.

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With the above directions, this Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS II)

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//True Copy//

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Sub Assistant Registrar

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rpp

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The Licensing Authority, Regional Transport Office, Coimbatore South,

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No.100, Peelamedu Pudhur & Post, Coimbatore Dt.-641 004.

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

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The Inspector of Police Traffic Investigation Wing, (East), Coimbatore City, Coimbatore Dt.

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+1cc to the Government Pleader, S.R.No.86296

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W.P.No. 31727 of 2018

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KAN(Co) CS/21/12/2018

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

A.Sethuraman v. The Licensing Authority

Case brief

What is this about?

What did the court decide?

A.Sethuraman v. The Licensing Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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