Petitioner driver filed writ seeking return of seized driving license after a road accident. Court held that retaining original license is impermissible before criminal conviction.
Return of petitioner's original driving license within one week of receipt of the order copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.12.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.25415 of 2018
R.Saravanan ... Petitioner Vs. 1.The Regional Transport Officer, Office of the RTO, Dindigul District. 2.The General Manager, Cumbum Depot, Tamil Nadu Transport Corporation Ltd., Theni District.
3.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to hand over the petitioner's li cense on the basis of the petitioner's representation dated 13.12.2018 within that may be stipulated by this Court.
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
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Sd/-
Assistant Registrar(AS)
/True Copy/
Sub Assistant Registrar(CS-IV)
To
1.The Regional Transport Officer, Office of the RTO, Dindigul District.
2.The General Manager, Cumbum Depot, Tamil Nadu Transport Corporation Ltd., Theni District.
3.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.
+1CC to Mr.A.ARajaram, Advocate, SR.No.101581
W.P(MD)No.25415 of 2018 21.12.2018
RMK ES/SKN/RSK/SAR 4/21.12.2018/2P/5C
2 issues framed by the court
Whether a driver convicted in criminal proceedings should be denied return of original driving license before being found guilty by a competent court.
Whether retaining the original driving license by the authority is permissible in law while criminal proceedings are pending.
1 provisions across 1 enactments
R.Saravanan
The Regional Transport Officer, Office of the RTO, Dindigul District
The General Manager, Cumbum Depot, Tamil Nadu Transport Corporation Ltd., Theni District
The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
