Disposed

V.Kamalakannan v. Inspector of Police

Madras HC11 Jan 2019WP/1102/2019

Case brief

AI extract

What is this about?

The High Court directed the Regional Transport Officer to return the petitioner's driving licence to him, as studies indicate that withholding it during a pending section 19(1) enquiry is improper. The court ordered a conclusion within four weeks.

What did the court decide?

Directive to return the original Driving Licence to the petitioner within two weeks and conduct the final enquiry within four weeks.

V.Kamalakannan Vs Inspector of Police — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.01.2019 CORAM THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 1102 of 2019

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V.Kamalakannan ... Petitioner

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1.Inspector of Police Mecheri Police Station Salem District.

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2.The Licensing Autority-cum-
Regional Transport Officer
Mettur, Salem District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 2^nd respondent herein to return the original Driving Licence (DL.No.TN52 Z 2012 0002941) to the petitioner forthwith.

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For Petitioner : Mr.K.Hariharan For Respondents : Mr.V.Prabhu Government Pleader O R D E R

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This writ petition has been filed seeking direction to the second respondent to return the original Driving Licence to the petitioner.

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According to the petitioner, he is a driver by profession and the two wheeler driven by him was met with an accident on 19.12.2018. Based on that, a criminal case was registered against him by the first respondent police in Cr.No.549/2018. Thereafter, the first respondent/Inspector of Police seized his licence and produced the same before the second respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. But, so far no action has been taken by the second respondent and the second respondent/Regional Transport Office is holding the licence with them. Hence, the present writ petition is filed.

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Today, when the matter is taken up for the hearing, the learned Additional Government Pleader, appearing for the second respondent submitted that already an enquiry has been initiated under section 19(1) of the Act and a show cause notice dated 10.01.2019 was also issued to the petitioner. But, so far the petitioner did not file his objection and hence, enquiry is pending.

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

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I have heard the rival submissions and perused the materials available on records.

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Considering the fact that as already enquiry has
been initiated under section 19(1) of the Act and show cause
notice was also issued to the petitioner, the petitioner is
directed to submit his objection, before the second
respondent, within a period of two weeks from the date of
receipt of a copy of this order. On receipt of the same, the
second respondent is directed to conduct enquiry and pass a
final reasoned order on merits and in accordance with law
within a period of four weeks thereafter. Until the final
order is passed in the proceedings, the second respondent
has no power to withhold the licence. In the said
circumstances, the second respondent is directed to return
the Licence to the petitioner subject to the result of the
enquiry proceedings.
6. With the above directions, this Writ Petition is
disposed of. No costs.
Sd/--
Assistant Registrar(CS iv)
//True Copy//
Sub Assistant Registrar
rpp
To
1.The Inspector of Police
Mecheri Police Station
Salem District.
2.The Licensing Autority-cum-
Regional Transport Officer
Mettur, Salem District.
+1 CC TO GOVERNMENT PLEADER SR.NO.3955
+1cc to Mr.K.Hariharan , Advocate SR.No. 3092
W.P.No. 1102 of 2019
A.SK(21/01/2019)

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

V.Kamalakannan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

V.Kamalakannan 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

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