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2024 Supreme(Online)(MAD) 12498

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.D.AUDIKESAVALU
R.SIVAPRAKASAM – Appellant
Versus
STATE REP BY ITS – Respondent


O R D E R

Heard Mr. S.Vinod, Learned Counsel for the Petitioner, Mr. J.Subbiah, Learned Government Advocate (Criminal Side), who takes notice for the First Respondent, and Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner is a driver in the Tamil Nadu State Transport Corporation, Villupuram and while on duty, the bus bearing Registration No. TN-25-N-0684 driven by him had on 12.01.2024 met with an accident and his driving licence was seized by the First Respondent, who is investigating that accident, and forwarded to the Second Respondent as the Licensing Authority. In that backdrop, relying on the decision of the Division Bench of this Court in P.Sethuram -vs- Licensing Authority, Regional Transport Officer, Dindigul (2010 WLR 100) holding that the provisions of the Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act' for short) do not empower the Licensing Authority to suspend or revoke a driving licence for a first offence, the Petitioner has filed this Writ Petition for a direction to the Licensing Authority to return his driv

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