Disposed

R.sambathu v. Inspector of Police

Madras HC5 Apr 2019WP/10485/2019

Case brief

AI extract

What is this about?

Writ petition sought return of impounded driving license following an accident leading to death. Court directed petitioner to apply for return of license under Section 206 of Motor Vehicles Act and directed RTO to issue temporary acknowledgment upon receipt of original license from police.

What did the court decide?

Petitioner permitted to make application for return of license within one week; RTO directed to consider application and issue temporary acknowledgment under Section 206(3) within one week thereafter

R.sambathu Vs Inspector of Police — Pension and Retirement Benefits | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.04.2019 CORAM THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR

¶2

W.P.No.10485 of 2019

¶3

R.Sambathu ... Petitioner

¶4

Vs.

¶5

1.The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.

¶6

2.The Licensing Authority-cumRegional Transport Officer, Tirukazhukundram, Kancheepuram District. ... Respondents

¶7

Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the second respondent to return the original driving license (DL.No.TN 25 Z 19920000574) to the petitioner forthwith.

¶8

For Petitioner : Mr.K.Hariharan
For Respondents : Mr.V.Shanmugasundar
Special Government Pleader
******
O R D E R

¶9

Mr.V.Shanmugasundar, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal.

¶10

In this Writ Petition, the petitioner seeks for a direction to the second respondent for return of the original driving license (DL.No.TN 25 Z 19920000574) to him.

¶11

The case of the petitioner is that while he was driving a bus bearing registration No.TN-21-N-1764, an accident was occurred and due to which, a motorcycle rider died. Pursuant to the said accident, the first respondent registered a case against the petitioner in Crime No.146 of 2019 under Sections 279 & 304-A of IPC. According to the petitioner, he made an application to the second respondent for return of the original driving https://hcservices.ecourts.gov.in/hcservices/ license, but the same was not considered.

¶12

The learned counsel for the petitioner now undertakes to file a fresh application to the second respondent for return of the original driving license under Section 206 of the Motor Vehicles Act.

¶13

In reply, the learned Special Government Pleader appearing for the respondents would submit that if such application is flied by the petitioner, the same shall be considered in the light of the orders passed in W.P.No.5009 of 2019 & etc, batch, dated 14.03.2019.

¶14

In view of the above submissions, this Writ Petition is disposed of with the following directions:-

¶15

(i) The petitioner is permitted to make an application to the Regional Transport Officer concerned, within a period of one week from the date of receipt of a copy of this order;

¶16

(ii) If any application is received, the Regional Transport Officer concerned shall consider such application and pass appropriate orders for issuing temporary acknowledgment as per Section 206(3) of the Motor Vehicles Act within a period of one week thereafter;

¶17

(iii) It is made clear that such application will be considered only on receipt of the original driving license from the concerned Station House Officer. No costs.

¶18

Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar r n SR.NO. To

¶19

1.The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.

¶20

2.The Licensing Authority-cumRegional Transport Officer, Tirukazhukundram, Kancheepuram District.

¶21

+1cc to Mr.K.Hariharan , Advocate SR.No. 33277

¶22

W.P.No.10485 of 2019

¶23

A.SK(08/04/2019)

¶24

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

R.sambathu v. Inspector of Police

Case brief

What is this about?

What did the court decide?

R.sambathu 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

Parties & counsel

Coram

Case details

Similar cases

A.Tamizh selvan Vs Secretary

Dr.a.Susila Vs Chennai Metropolitan Development

T.Sundhara Lingam, Vs The Greater Chennai Corporation

Ved Pal Boora Vs the Director General

S.Jaffer Ali Vs The District Collector Cum Arbitrator

G.Anandaraj Vs The Regional Transport Officer