In this writ petition, the petitioner challenged an order suspending his driving license following a fatal accident involving a bus he was driving. The court dismissed the petition as not maintainable, directing the petitioner to file an appeal under the Tamil Nadu Motor Vehicles Act instead.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.04.2019
Coram
The Honourable Mr.Justice D.KRISHNAKUMAR
W.P.No.10733 of 2019
V.Amirthalingam
...Petitioner
Versus
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to return the petitioner's Original Driving License bearing DL.No.TN 51 19940002003 to the petitioner within a time frame as deem fit.
For Petitioner : Ms.Daisy For Respondents : Mr.M.Karthikeyan, Additional Government Pleader O R D E R
The above Writ Petition has been filed seeking to direct the respondents to return the petitioner's Original Driving License bearing DL.No.TN 51 19940002003 to the petitioner within a time frame as deem fit.
respondent in Crime No.160 of 2019 under Section 279, 304A of IPC. During investigation, the second respondent has seized the petitioner's Original Driving License bearing DL.No.TN 51 19940002003 and produced the same before the first respondent for further action. On 05.03.2019, the first respondent had issued a notice to the petitioner to submit his explanation for the said offence. On 13.03.2019, the petitioner submitted an explanation before the first respondent seeking to drop further action under the Tamil Nadu Motor Vehicles Act. While so, on 20.03.2019, the first respondent had passed an impugned order suspending the petitioner's License from 03.02.2019 to 02.08.2019. Aggrieved by the said order, the petitioner has filed the present Writ Petition for the relief stated hereinabove.
Sub Assistant Registrar mrr
To
Chennai - 600 056.
W.P.No.10733 of 2019
GJ-II(CO) SSM(19/06/2019)
1 issue framed by the court
Whether a writ petition seeking return of suspended driving license is maintainable when statutory remedy under Section 19(3) of the Tamil Nadu Motor Vehicles Act exists.
V.Amirthalingam
The Licensing Authority, Regional Transport Officer, Poonthamalli, Chennai
The Inspector of Police, Koyambedu Police Station, Chennai
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
