This writ petition challenged the retention of a driving license seized after a fatal accident. The court quashed an interim impounding order passed by the RTO during the writ pendency and directed its return, relying on a Division Bench precedent.
Quashing of the impounding order; direction to return the driving license forthwithout delay.
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.
W.P.(MD)No.6375 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2020 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6375 of 2020
T.K.Manikandan
... Petitioner
Vs.
Regional Transport Office,
Madurai Central, Madurai.
2.The Inspector of Police,
Traffic Investigation wing-I Police Station, Madurai District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to return the driving license No.TN 59 19900001186 to the petitioner.
For Petitioner : Mr.K.Sathish
For Respondents : Mr.M.Rajarajan
Government Advocate
O R D E R
Heard the learned counsel on either side.
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W.P.(MD)No.6375 of 2020
// True Copy //
Tsg
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate /litigant concerned
To:
+1 CC to M/s.P. BALASUBRAMANIAN, Advocate ( SR-13683[F] dated 05/08/2020 )
W.P.(MD)No.6375 of 2020 04.08.2020
SPU (12.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether the impounding order of the driving license under Section 19(1) of the Motor Vehicles Act, 1988, is sustainable pending criminal proceedings.
Whether the licensing authority can decide on negligence before the competent Criminal Court.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
T.K.Manikandan
The Regional Transport Officer, Regional Transport Office, Madurai Central, Madurai
The Inspector of Police, Traffic Investigation wing-I Police Station, Madurai District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
