Disposed

G.Manimaran v. Inspector of Police

Madras HC19 Dec 2018WP/33423/2018

Case brief

AI extract

What is this about?

The High Court directed the Licensing Authority to return the petitioner's seized driving license by suspending its power to withhold it. The Authority was ordered to issue a show-cause notice and conduct an enquiry within specific timelines before passing a final order on merits under Section 19 of the Motor Vehicles Act.

What did the court decide?

Directing the 2nd respondent to issue a show-cause notice and return the petitioner's driving license pending the outcome of the enquiry.

G.Manimaran Vs Inspector of Police — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.12.2018

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CORAM

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THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

W.P. 33423 of 2018

G.Manimaran

... Petitioner

Versus

1.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

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2.The Licensing Authority- cumRegional Transport Officer, Panruti, Cuddalore District. ...Respondents

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PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2^nd respondent herein to return the original driving license (DL.No.TN32 Y 1999 0000916) to the petitioner forthwith.

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For Petitioner : Mr.K.Hariharan

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For Respondents : Mrs.Ramya Revathy, Government Pleader

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ORDER

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This Writ Petition has been filed seeking a direction to the 2^nd respondent to return the petitioner's original driving license bearing DL.No.TN32 Y 1999 0000916.

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According to the petitioner, he is a driver in State Express Transport Corporation, Chennai and the bus driven by him was met with an accident on 26.11.2018. Based on that, the petitioner's license has been seized by the 1^st respondent, and a criminal case was registered against him in Cr.No.472/2018. Thereafter, the 1^st respondent/Inspector of Police had produced the license before the 2^nd respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. The 2^nd respondent without initiating any proceedings under Section 19(1) of the Motor Vehicles Act holding the licence with them. Hence, the present writ petition is filed.

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Considering the fact that no notice was issued so far to the petitioner, the 2^nd respondent is directed to issue show cause notice to the petitioner within a period of two weeks from the date of receipt of the copy of this order. Thereafter, the

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

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petitioner is directed to submit his explanation within a period of two weeks. After the receipt of explanation, the 2^nd respondent is directed to conduct the enquiry, and to pass final reasoned order on merits and in accordance with law after giving opportunity to the petitioner within a period of six weeks thereafter. Till then, the second respondent has no power to withhold the licence. In the said circumstances, the second respondent 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 VI)

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//True Copy//

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Sub Assistant Registrar

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rpp

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1.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

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2.The Licensing Authority- cumRegional Transport Officer, Panruti, Cuddalore District.

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+1cc to Mr.K.Hariharan, Advocate, S.R.No.88303

W.P. 33423 of 2018

KAN(CO)

rrs 20/12/2018

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

G.Manimaran v. Inspector of Police

Case brief

What is this about?

What did the court decide?

G.Manimaran v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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