P.Deenadhayalan vs The Transport Commissioners Chepauk, & Ors.

Mr.C.Jagdish, learned Special Government Pleader, takes notice for the respondents 1 to 4. The fifth respondent is a formal party. By consent

of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

The petitioner seeks for a Mandamus, directing the respondents 1 to 4 to return the petitioner''s driving license bearing No. TN 32 Y

19960000187.

Heard both sides.

The petitioner is a driver in the Metropolitan Transport Corporation. It is stated that the petitioner''s driving licence was seized on 05.03.2017,

in pursuant to an accident taken place and followed by the registration of FIR in Crime No.242 of 2017 under Sections 279, 338 and 304(A) of

IPC. Now the petitioner seeks for return of the driving licence by contending that the respondents 1 to 4 are not entitled to seize and retain the

driving licence, simply because a criminal case is filed against the petitioner and the same is pending. It is also stated that till date, no show cause

notice is issued to the petitioner. It is also stated that the respondents 1 to 4 have not passed any order, suspending the petitioner''s license also.

The learned counsel appearing for the petitioner invited the attention of this Court to the Division Bench decision of this Court reported in 2010

Writ L.R. 100 (P.Sethuram vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Dindigul) and a single

Judge decision made in W.P.No.16958/2013 dated 01.07.2013 reported in 2013 Writ L.R.843 (S.Duraivelu vs. The Regional Transport Officer,

West Thambaram, Chennai & 2 others), wherein, this Court has considered a similar issue and found that even the suspension of the license on the

ground that a criminal case is pending, is erroneous. I myself followed the above decisions in similar cases, wherein licence was suspended. In this

case, as it is stated that the petitioner''s driving license is not suspended and that the show cause notice has also not been issued so far, I do not

think that the respondents 1 to 4 are justified in retaining the driving license of the petitioner.

Accordingly this writ petition is allowed and the respondents 3 & 4 are directed to return the driving license to the petitioner within a period of

seven days from the date of receipt of a copy of this order. It is needless to say, that it is open for the respondents 1 to 4 to initiate appropriate

proceedings in accordance with law, by giving due notice to the petitioner and hearing the matter thereafter. No costs.