Disposed

P.Sivasubramanian, Driver, v. the Licensing Authority

Madras HC2 Nov 2018WP(MD)/22500/2018

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking return of his seized driving license. The Court directed the petitioner to submit a representation to the Licensing Authority, directing the Authority to consider it in light of the cited precedent within a week.

What did the court decide?

Petitioner directed to submit a representation to the first respondent within one week; first respondent directed to dispose of the petition by following S. Murugesan.

P.Sivasubramanian, Driver, Vs the Licensing Authority — Writ and Judicial Review | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.11.2018 CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD)No.22500 of 2018

P.Sivasubramanian

.. Petitioner

Vs.

1.The Licensing Authority, Regional Transport Officer, Madurai South, Madurai.

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2.The Motor Vehicle Inspector, Regional Transport Office, Transport Department, Madurai.

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3.The Inspector of Police,

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M.Chathrapatti Police Station,

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M.Chathrapatti, Madurai. .. Respondents

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PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent to return the driving license bearing D.L.No.TN-60-19950000319 to the petitioner within a stipulated time.

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For Petitioner : Mr.A.Rahul For respondents : Mr.A.Thiyagarajan, Government Advocate

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ORDER

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This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the respondents herein to return the original driving license of the petitioner bearing D.L.No.TN-60-19950000319 within a stipulated time.

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The petitioner is working as a driver in the Tamil Nadu State Transport Corporation Limited. On 24.10.2018, while he was driving a bus bearing Registration No.TN-58-N-2018, there was https://hcservices.ecourts.gov.in/hcservices/ an accident in which a two-wheeler rider and pillion rider died. In this regard, a case was registered in Crime No.138 of 2018

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under Setions 279 and 304(A) IPC. Pending investigation, the original Driving License of the petitioner was seized by the Police, who in turn forwarded the same to the 2^nd respondent. The 2^nd respondent handed over the same to the 1^st respondent. According to the petitioner, the 1^st respondents has no authority to keep the license of the petitioner without issuing any show cause notice and passing any final order under Section 19 of the Motor Vehicles Act and therefore, he has filed this writ petition for the above said prayer.

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Heard the learned counsel appearing for both sides.

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Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the petitioner to submit a representation to the first respondent seeking to return the driving license within a period of one week from the date of receipt of a copy of this order and on receipt of such representation, the first respondent shall consider the same in the light of the decision of a Division Bench of this Court in W.A.(MD).No.176 of 2009, (S.Murugesan Vs. the Licensing Authority, the Regional Transport Officer, Srirangam, Trichy), dated 22.06.2009 and dispose of the same on merits and in accordance with law, within a period of one week thereafter.

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This Writ Petition stands disposed of accordingly. No costs.

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Sub Assistant Registrar(CS-III)

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1.The Licensing Authority, Regional Transport Officer, Madurai South, Madurai.

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2.The Motor Vehicle Inspector, Regional Transport Office, Transport Department, Madurai.

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

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3.The Inspector of Police, M.Chathrapatti Police Station, M.Chathrapatti, Madurai.

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Order made in W.P(MD)No.22500 of 2018 02.11.2018

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GCG

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TR/SKN-RSK/SAR-III(02.11.2018)3P 4C

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

P.Sivasubramanian, Driver, v. the Licensing Authority

Case brief

What is this about?

What did the court decide?

P.Sivasubramanian, Driver, v. the Licensing Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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