K.VELMURUGAN Vs. THE TRANSPORT COMMISSIONER

JUDGEMENT

(1.) Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents 1 to 5. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

(2.) The petitioner seeks for a Mandamus, directing the respondents 1 to 5 to return the petitioner's driving license bearing No.TN 50 19970002201.

(3.) The petitioner is a driver in the Tamil Nadu State Transport Corporation. It is stated that the petitioner's driving licence was seized, in pursuant to an accident taken place on 20.12.2017 and followed by the registration of FIR in Crime No.904 of 2017 under Sections 279 and 337 of IPC. It is further stated that the license of the petitioner is not suspended so far and no show cause notice was issued to the petitioner till this date. Therefore, it is contended by the petitioner that the seizure of the license and retaining the same is erroneous merely because the criminal case was registered against the petitioner in respect of an accident. Learned counsel for the petitioner, in support of his contention relied on the decision 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 and 2 others).