A transport corporation driver sought mandamus for return of his driving licence seized after a fatal accident. The court declined any positive direction and instead directed the licensing authority to adjudicate the pending show cause notice for cancellation within 30 days after hearing the petitioner.
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W.P.(MD) No.8314 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.8314 of 2024
P.Karunakaran
... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to return the petitioner's original driving licence bearing DL.No.TN 58 19980107707 forthwith, within the time stipulated by this Court.
For Petitioner : Mr.A.MU.Sharavanan For R1 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.S.Manikandan Government Advocate (Crl. Side)
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W.P.(MD) No.8314 of 2024
O R D E R
The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the first respondent to return the petitioner's original driving licence bearing DL.No.TN 58 19980107707 forthwith, within a time stipulated by this Court.
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W.P.(MD) No.8314 of 2024
suspension and his licence was seized by the second respondent. The petitioner has been thereafter issued with a Show Cause Notice dated 14.03.2024 calling for an explanation as to why his driving licence should not be cancelled. The petitioner has also responded to the said Show Cause Notice on 25.03.2024.
to the first and second respondents. Suffice to state that the first respondent is directed to adjudicate the Show Cause Notice, as expeditiously as possible, preferably, within a period of 30 days from the date of receipt of a copy of this order. Needless to state that the petitioner shall be heard while passing the order.
01.04.2024
Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order
JEN
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W.P.(MD) No.8314 of 2024
Copy To:
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W.P.(MD) No.8314 of 2024
C.SARAVANAN, J.
JEN
W.P.(MD) No.8314 of 2024
01.04.2024
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2 issues framed by the court
Should the licensing authority be directed to return the petitioner's driving licence seized after a fatal road accident?
Whether the show cause notice for cancellation of the driving licence should be adjudicated with a hearing to the petitioner?
2 provisions across 2 enactments
P.Karunakaran
The Licensing Authority, Regional Transport Officer, Thirumangalam Zone, Madurai District
The Inspector of Police, Thirumangalam Town Police Station, Madurai District
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
