Allowed

P.Sellapandiyan v. the Regional Transport

Madras HC30 Nov 2018WP(MD)/23800/2018

Case brief

AI extract

What is this about?

A writ petition filed by a transport driver seeking the return of his seized original driving license pending criminal trial. The court held that retaining the original license is impermissible in law while criminal proceedings are pending and ordered its immediate return.

What did the court decide?

Ordered the respondent to return the petitioner's original driving license immediately.

P.Sellapandiyan Vs the Regional Transport — Writ and Judicial Review | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2018 CORAM :

¶3

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶4

W.P.(MD)No.23800 of 2018

¶5

P.Sellapandiyan ... Petitioner /Vs./ The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. ... Respondent

¶6

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the driving license of the petitioner bearing D.L.No.TN4519830002916 to the petitioner forthwith.

¶7

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Mu.Muthu Additional Government Pleader ORDER

¶8

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

¶9

Mr.K.Mu.Muthu, learned Additional Government Pleader takes notice on behalf of the respondent.

¶10

The petitioner is employed as a Driver in that Tamil Nadu State Transport Corporation (Kovai) Limited. The bus in which the petitioner was driving got involved in an accident on 15.10.2018. In this regard, Crime No.276 of 2018 was registered on the file of the Samayapuram Police Station. The petitioner's driving licence was also seized by the respondent. The Criminal Court is yet to pronounce its verdict on the guilt or otherwise of the petitioner. Proceedings for impounding are yet to take place. This Court in the decision reported in (2015) 2 CTC 626 – (R.Ravi Vs. The Regional Transport Officer, Transport Department) held that such retaining of the original driving license in not permissible in law.

¶11

Therefore, the respondent is directed to return the petitioner's original driving licence immediately to the petitioner.

¶12

The writ petition is allowed accordingly. No costs. Sd/

¶13

Assistant Registrar(CO)

¶14

/True copy/

¶15

Sub Assistant Registrar(CS-IV)

¶16

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

¶17

¶18

¶19

The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy.

¶20

+1cc to Mr.S.Arunachalam, Advocate, SR.No. 98072 +1cc to M/s.Special Government Pleader,SR.No.98102

¶21

Order made in W.P.(MD)No.23800 of 2018

¶22

¶23

KK/PM/SAR-4/07.12.2018/2P-4C

¶24

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

P.Sellapandiyan v. the Regional Transport

Case brief

What is this about?

What did the court decide?

P.Sellapandiyan v. the Regional Transport

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tvl.Ksmc Firm, Vs the Appellate Deputy

M/S.Ayurmitra Ayurvedic Vs the State Tax Officer

M/S. Trimax Umbrella Private Vs the Commissioner of

T.S.Balasubramanian, Vs the Principal Secretary to

The Managment Vs the Presiding Officer

Pl.a. Subramanian, Vs Tiruchirappalli City Municipal