In a writ petition, the Madurai Bench issued a writ of mandamus directing the RTO to return the petitioner's driving licence. The directive came within 14 days as the criminal matter was at the FIR stage.
Directive to return the original driving licence of the petitioner to him within a fortnight upon production for investigation.
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.575 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2022 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.[MD]No.575 of 2022
P.Pandiyaraj
... Petitioner
Vs.
1.The Regional Transport Officer,
The Regional Transport Office,
Sriviliputhur,
Virudhunagar District.
2.The Inspector of Police,
Seithur Police Station,
Seithur, Virudhunagar District. ... Respondents
P RAYER:RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to return petitioner's driving license bearing D.L.No.TN 67- Z19850000086 forthwith.
P RAYER:RAYER:
For Petitioner : Mr.V.R.Arunkumar
For Respondents : Mr.M.Lingadurai
Special Government Pleader
O R D E R
Mr.V.R.Arunkumar, learned counsel on record for the sole writ petitioner is before this Court.
2. Learned counsel for writ petitioner submits that the writ petitioner is working as a Driver with the Tamil Nadu State Transport Corporation. It is submitted that on 04.12.2021, there was an unfortunate fatal accident, when the writ petitioner was behind the wheel in the course of his duty while driving a public transport bus plying between Rajapalayam and Kunamkulam. A First Information Report (FIR) has been registered inter alia under sections 279 and 304-A of the Indian Penal Code (IPC) by the second respondent police. This Court is informed that the matter is still at FIR stage.
3. Be that as it may, learned counsel submits that the second respondent had seized the original driving licence of the writ petitioner at the time of the aforementioned accident and the second respondent had handed over the original driving license of the writ petitioner to the first respondent. This Court is informed that the original driving licence of the writ petitioner was issued to the https://hcservices.ecourts.gov.in/hcservices/
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W.P.[MD]No.575 of 2022
writ petitioner on 28.01.1985 and it bears 'No.T N67 Z19850000086 ' (hereinafter 'said DLR' for the sake of convenience and clarity).
4. Mr.M.Lingadurai, learned Special Government Pleader accepts notice on behalf of all the respondents.
5. There is no disputation or disagreement that the captioned matter is covered by the principle laid down by a Hon'ble Division Bench of this Court in P.Sethuram VS. The Licensing Authority, The Regional Transport Officer, Dindigul in W.A.[MD]No.374 of 2009 authored by Hon'ble Justice V.Ramasubramanian (as His Lordship then was) presiding the Hon'ble Division Bench. This judgment is reported in 2010-Writ L.R.100 and this deals with the scope of the power of the first respondent in cases of such nature.
6. There is no disputation or disagreement before this Court that in similar matters prayers have been acceded to and that includes orders dated 30.04.2019 in W.P.No.13570 of 2019 and 10.11.2020 in W.P(MD).No.15797 of 2020 made by Honourable Predecessor Judges.
7. Learned State counsel submits, on instructions, that the matter is in FIR stage (as already alluded to supra) and prosecution will be pursued. However, there is no disputation qua the aforementioned earlier orders made by Honourable Predecessor Judges and the same having been complied with by the State without carrying the matter in appeal by way of intra-court appeals.
8. In the light of the narrative thus far, this Court is of the considered view that the prayer in the captioned writ petition viz., prayer to return the original driving licence [bearing licence No .TN67 Z19850000086 ] of the writ petitioner can be acceded to.
9. This Court is informed that the original driving licence i.e., said DLR is now with the first respondent. The first respondent shall take necessary written undertaking, retain photocopies of the original driving licence and return the writ petitioner's aforementioned original driving licence i.e., said DLR to the writ petitioner (under due acknowledgment) as early as possible and in any event within a fortnight from today i.e., on or before 26.01.2022. The writ petitioner shall go over to the office of the first respondent on any working day in the after noon session between 02.00 PM and 04.00 PM and the original driving licence shall be handed over to him under due acknowledgment.
10. It is made clear that the writ petitioner shall produce the original driving licence as and when called for, make himself available for the criminal case to proceed and cooperate with the investigation.
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W.P.[MD]No.575 of 2022
11. Captioned Writ Petition is disposed of in aforesaid manner i.e., with aforementioned directive. There shall be no order as to costs.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
MR 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.The Regional Transport Officer, The Regional Transport Office, Sriviliputhur, Virudhunagar District. 2.The Inspector of Police, Seithur Police Station, Seithur, Virudhunagar District. +1 CC to M/s.SPL.GP ( SR-1695[F] dated 19/01/2022 ) W.P.[MD]No.575 of 2022 12.01.2022 RD(25.01.2022) 3P 4C
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2 issues framed by the court
Whether the original driving licence of a driver involved in a fatal accident should be returned during the FIR stage of criminal proceedings
Whether the Regional Transport Officer is empowered or obligated to return the seized driving licence
Colour shows how this judgement treated each authority
P.Sethuram VS. The Licensing Authority, The Regional Transport Officer, DindigulRelied on¶28
2010-Writ L.R.100
1 provisions across 1 enactments
P. Pandiyaraj
Regional Transport Officer
Inspector of Police
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
