S PALANIKUMAR Vs. REGIONAL TRANSPORT OFFICER MADURAI SOUTH

JUDGEMENT

(1.) The writ petition is filed for a Mandamus directing the Respondent to return the Petitioner's driving license No. TN-59-19940002677 pending disposal of the case in Crime No. 182 of 2010 on the file of Thirumangalam Taluk Police Station, Madurai District.

(2.) It is the case of the Petitioner that the Petitioner was working as a Driver in the Tamil Nadu State Transport Corporation, Thirumangalam Depot. He was having a driving license bearing No. TN-59/19940002677. On 03.09.2010, while he was driving the bus bearing registration No. TN-58-N-0338, the said bus met with an accident near Kandukulam Village. Thereafter, a case in Crime No. 182 of 2010 was registered by the Thirumangalam Taluk Police Station on 04.09.2010. As a result of which, his driving license was impounded by the Respondent on the same day. Therefore, the Petitioner made a representation to the Respondent on 01.10.2010 and even thereafter, there was no reply from the Respondent. Hence, the Petitioner is before this Court for the relief as stated earlier.

(3.) The learned Counsel for the Petitioner submits that the said accident took place only because of the gross negligence on the part of the victim involved and the Petitioner is no way responsible for the said accident. He further submits that the Respondent has not followed the statutory rules before impounding the driving license of the Petitioner and that the Petitioner was not provided with any opportunity to submit his explanation. He further submits that the Petitioner cannot go to job without his driving license. Hence, he prays for a direction to the Respondent to return the driving license of the Petitioner.