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HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR
RAJU H – Appellant
Versus
THE LICENSING AUTHORITY/ REGIONAL TRANSPORT OFFICER – Respondent
WP(MD)/23181/2021
The Licensing Authority has the power to seize a driving license in cases of accidents, but the license must be returned if the matter is still at the FIR stage and the driver has cooperated with the investigation.
Headnote:
DRIVING LICENSE - SEIZURE - RETURN - [Section 19 of the Motor Vehicles Act, 1988] - The court directed the return of the petitioner's driving license, which had been seized following a fatal accident, as the matter was still at the FIR stage and the petitioner had cooperated with the investigation.
Fact of the Case:
The petitioner, a bus driver, was involved in a fatal accident while on duty. The police seized his driving license and handed it over to the Licensing Authority. The petitioner filed a writ petition seeking the return of his license.
Finding of the Court:
The court found that the petitioner had cooperated with the investigation and that the matter was still at the FIR stage. The court also noted that similar prayers had been acceded to in earlier orders made by Honourable Predecessor Judges.
Issues: Whether the petitioner was entitled to the return of his driving license.
Ratio Decidendi: The court relied on 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, which deals with the scope of the power of the Licensing Authority in cases of such nature.
Final Decision: The court directed the Licensing Authority to return the petitioner's original driving license within a fortnight from the date of the order.
WP(MD) No.23181 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM
THE HON'BLE MR. JUSTICE M.SUNDAR
W.P(MD) No.23181 of 2021
H.Raju
... Petitioner
Vs.
1.The Licensing Authority / Regional Transport Officer,
The Unit Office,
Kulithalai Zone,
Kulithalai,
Karur District.
2.The Inspector of Police,
Kulithalai Police Station,
Kulithalai,
Karur District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India, for the issuance of a Writ of Mandamus, directing the 1st
respondent to return the driving license of the petitioner bearing
D.L.No.TN 45-19830000094 forthwith.
For Petitioner
: Mr.V.R.Arunkumar
For Respondents : Mr.M.Ramesh,
Government Advocate.
O R D E R
Mr.V.R.Arunkumar, learned counsel on record for the sole writ
petitioner is before this virtual Court.
2. Learned counsel for writ petitioner submits that the writ
petitioner is working as a Driver with the Tamil Nadu State
Transport Corporation from 1988. It is submitted that on
13.12.2021, 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 Trichy Sathiram bus
stand and Neithalur. 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
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WP(MD) No.23181 of 2021
second respondent had handed over the original driving license of
the writ petitioner to the first respondent. Be that as it may,
the original driving licence of the writ petitioner was also
issued to the writ petitioner on 06.01.1983 and it bears 'No.TN
45-19830000094' (hereinafter 'said DLR' for the sake of
convenience and clarity).
4. Mr.M.Ramesh, learned Government Advocate accepts notice on
behalf of both 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.TN 45-19830000094] 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 af
