Disposed

Elanchezian v. The Inspector of Police

Madras HC11 Dec 2018WP/31747/2018

Case brief

AI extract

What is this about?

The petitioner sought a writ directing the return of his original driving licence seized following an accident and subsequent criminal case. The High Court directed the authority to conduct a pending inquiry under Section 19 of the Motor Vehicles Act while ordering the immediate return of the licence pending the outcome of that inquiry.

What did the court decide?

Directed respondent to return the Driving Licence pending the outcome of the enquiry and to complete the enquiry within four weeks.

Elanchezian Vs The Inspector of Police — Writ and Judicial Review | 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. 31747 of 2018

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N.Elanchezian ... Petitioner

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The Inspector of Police, Maraimalai Nagar Police Station, Chengalpattu.

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The Licensing Authority cum Regional Transport Officer, Chengalpattu. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 2^nd respondent to return the petitioner's Original Driving Licence (DL. No.TN32 19990000210) which seized on 05.11.2018 from the petitioner.

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For Petitioner : Mr.R.Sasikumar

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For Respondents : Mr.R.Govindasamy, Special Government Pleader O R D E R

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This writ petition has been filed seeking direction to the 2^nd respondent 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., Villupuram and the bus driven by him was met with an accident on 04.11.2018. Based on that, a criminal case was registered against him by the first respondent police in Cr.No.639/2018. Thereafter, the first respondent/Inspector of Police seized his licence and produced the same before the second respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. But, so far no action has been taken by the second respondent and the second respondent/Regional Transport Office is holding the licence with them. Hence, the present writ petition is filed.

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

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Today, when the matter is taken up for the hearing, the learned Government Pleader, appearing for the second 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 15.11.2018 was also issued to the petitioner, the petitioner is directed to submit his objection, before the second respondent, within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, the second 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 second respondent has no power to withhold the licence. In the said circumstances, the second 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.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rpp
To
1. The Inspector of Police,
Maraimalai Nagar Police Station, Chengalpattu.
2. The Licensing Authority cum
Regional Transport Officer,
Chengalpattu.
+1 cc to The Government Pleader, Sr.No.86273
+1 cc to M/s.R.Sasikumar, Advocate Sr.No.85622
W.P.No. 31747 of 2018
KAN9CO)
CSL/21.12.2018

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

Elanchezian v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Elanchezian v. The Inspector of Police

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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