Allowed

G.Sasikumar v. Inspector Police

Madras HC19 Jun 2023WP/17813/2023

Case brief

AI extract

What is this about?

This single-judge bench allowed a writ petition filed by a lorry driver seeking the return of his original driving license impounded by police following a fatal accident. Relying on precedents establishing that impounding without a Section 19(1) order amounts to pre-determination, the court directed the respondent Licensing Authority to return the license immediately.

What did the court decide?

Directed the second respondent to return the original driving license to the petitioner forthwith on receipt of a copy of this order.

G.Sasikumar Vs Inspector Police — Service and Employment | Madras HC (2023)

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Writ Petition No.17813 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.06.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Writ Petition No.17813 of 2023

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G.Sasikumar S/o.Govindasamy ... Petitioner

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vs.

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1.The Inspector of Police, TIW Avadi Police Station, Chennai - 56.

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2.The Licensing Authority cumRegional Transport Officer, Chennai South West, Chennai - 92. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent herein to return the original driving license bearing DL.No.TN-31-U-19980001005 to the petitioner forthwith.

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For Petitioner : Mr.K.Hariharan

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For Respondents : Mr.A.M.Ayyathurai Government Advocate ****

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O R D E R

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17813 of 2023

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This writ petition has been filed for issuance of a writ of mandamus directing the second respondent to return the original driving license of the petitioner.

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Heard Mr.K.Hariharan, learned counsel appearing on behalf of the petitioner and Mr.A.M.Ayyathurai, learned Government Advocate appearing on behalf of the respondents.

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The petitioner is a lorry driver. On 15.05.2023, when the petitioner

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was driving the vehicle a fatal accident occurred. Pursuant to the same, an FIR was registered in Crime No.317 of 2023 for offences under Sections 279 and 304-A of IPC. It is brought to the notice of this Court that investigation is pending.

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The first respondent police after registration of the FIR collected the original driving license from the petitioner and it was sent to the second respondent and recommended to cancel the petitioner's driving license.

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The petitioner gave a representation to the second respondent

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17813 of 2023

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requesting for returning back the original driving license. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

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The issue involved in the present writ petition is squarely covered

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by the earlier order passed by this Court in W.P.No.21843 of 2021, dated

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06.10.2021. The relevant portions in the order are extracted hereunder:

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"4. The issue involved in the present writ petition is covered by the earlier order passed by this Court in W.P.(MD) No.8792 of 2021 dated 29.04.2021. The relevant portions of the order are extracted hereunder:

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“6.The issue that is involved in the present writ petition is squarely covered by the earlier orders passed by this Court, wherein, this Court has consistently taken the view that, without passing orders under Section 19(1) of the Motor Vehicles Act, the original driving licence cannot be permanently impounded. It will be useful to extract one such order passed by this Court in W.P.(MD).No.3527 of 2020, dated 21.02.2020.

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“7.It is settled law that until the licence or any certificate issued by the competent authority is cancelled or suspended or revoked in the manner known to law, it is deemed to be in force. The impounding of licence will come only after passing of the order as per the relevant provisions of the statute,

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17813 of 2023

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in this case, under Section 19 of the Motor Vehicles, Act, 1988.

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8.In similar circumstances, a Division Bench of this Court, in P.Sethuram v. The Licensing Authority, The Regional Transport Officer, Dindigul, reported in 201 Writ L.R.100, held that even before passing the order under Section 19 of the Motor Vehicles Act, 1988, if driving licence is impounded, it amounts to pre~determination of the issue and the authority has no jurisdiction to do so.

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9.I do also respectfully agree with the views of the Division Bench of this Court and in the instant case, the respondents have no power to impound the driving licence of the petitioner and retain it with him. The petitioner is a driver and he is entitled to use the licence till it is legally cancelled or suspended.

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10.In such circumstances, a direction is issued to the first respondent. The Regional Transport Officer, Trichy District, to return the original driving licence bearing D.L.No.TN5019920000594 to the petitioner forthwith, on receipt of a copy of this order.”

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5. In view of the above, there shall be a direction to the first respondent to return the original Driving Licence No. TN2819950002495 to the petitioner forthwith on receipt of a copy of this order. With the above directions, this writ petition is disposed of. No costs."

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.17813 of 2023

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