Allowed

Siddaiyan .M v. The Regional Transport Officer

Madras HC4 May 2023WP(MD)/11275/2023

Case brief

AI extract

What is this about?

The petitioner driver filed a writ petition for the return of his original driving licence seized and handed over to the RTO by the police prior to an inquiry. The court held the seizure illegal without an inquiry and ordered the licence returned. The court clarified that this relief does not bar the RTO from proceeding with the enquiry and subsequently impounding the licence if recommended.

What did the court decide?

The first respondent directed to return the driving licence to the petitioner on production of the order copy.

Siddaiyan .M Vs The Regional Transport Officer — Writ and Judicial Review | Madras HC (2023)

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W.P(MD).No.11275 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.05.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.11275 of 2023

M.Siddaiyan

... Petitioner

-vs-

The Regional Transport Officer, Srirengam, Trichy District.

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The Sub Inspector of Police, Traffic Investigation Wing (North) Police Station, Trichy District.

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.... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to return the original driving licence No.TN 46 19870001128 of the petitioner to him forthwith.

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For Petitioner : Mr.A.Balaji

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For Respondents : Mr.P.Subbaraj Special Government Pleader

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

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W.P(MD).No.11275 of 2023

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O R D E R

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The present Writ Petition has been filed by the driver of the Tamil Nadu State Transport Corporation for a Mandamus to return the original driving licence that was seized by the second respondent and handed over to the first respondent.

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2. According to the petitioner, he was involved in a fatal accident on 19.04.2023 and his driving license was seized by the second respondent and the same was handed over to the RTO officials.

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3. According to the learned counsel appearing for the petitioner, a show cause notice has been issued to the petitioner on 03.05.2023 and the enquiry is yet to be concluded.

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4. In view of the order passed by the Hon'ble Division Bench of this

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Court in W.P(MD)No.176 of 2009, dated 22.06.2009 in the case of (S.Murugesan Vs.The Licensing Authority, the Regional Transport Officer, Trichy) , the respondent/authority has no power to physically

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

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W.P(MD).No.11275 of 2023

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impound the driving license without conducting an enquiry and concluding the same as against the petitioner. Hence, the physical seizing or confiscating of the driving license by the second respondent and handing over to the first respondent is per se illegal.

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5. The Writ Petition stands allowed and the first respondent is directed to return the driving license to the writ petitioner on production of this order copy. This order will not prevent the first respondent from conducting an enquiry and on the basis of the enquiry report, he is at liberty to proceed further and impound the driving license. There shall be no order as to costs.

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04.05.2023

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Index : Yes / No Internet : Yes / No ebsi Note: Issue Order Copy on 04.05.2023

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

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W.P(MD).No.11275 of 2023

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The Regional Transport Officer, Srirengam, Trichy District.

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The Sub Inspector of Police, Traffic Investigation Wing (North) Police Station, Trichy District.

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

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W.P(MD).No.11275 of 2023

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R.VIJAYAKUMAR,J.

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ebsi

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W.P.(MD)No.11275 of 2023

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04.05.2023

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

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Siddaiyan .M v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Siddaiyan .M v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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