K. KATHIRVEL Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner is a driver in the Tamil Nadu State Transport Corporation Limited, Coimbatore Region, Erode Division, Anthiyur Branch. On 17.04.2018, while he was driving a bus bearing Registration No. TN 33 N 2710, there was an accident in which, a two wheeler rider died. First Information Report was filed in Cr. No. 63 of 2018 and a case was registered against the petitioner under Sections 279 and 304-A I.P.C. It is stated by the petitioner that the original licence was seized by the police while registering the First Information Report and it was handed over to the respondent. The petitioner made a representation dated 24.04.2018 to the respondent for return of the original licence. Since the respondent has not returned the licence, the petitioner is before this Court.

(2.) The learned Counsel for the petitioner would vehemently contend that the respondent has no authority to impound the driving licence even before passing the orders under section 19(1) of the Motor Vehicles Act, 1988. Insofar as the criminal case is concerned, it has not reached finality and it is in the initial stage. The final report has not also been filed.

(3.) From the submissions made by the learned Additional Government Pleader appearing for the respondent, it is noted that the original driving licence of the petitioner is now in possession of the respondent.