LAWS(MAD)-2019-4-24

R. RAGUPATHY Vs. REGIONAL TRANSPORT OFFICER

Decided On April 01, 2019
R. RAGUPATHY Appellant
V/S
REGIONAL TRANSPORT OFFICER Respondents

JUDGEMENT

(1.) The instant Writ Petition has been filed for a Mandamus directing the respondent to return the petitioner's driving license bearing D.L.No.TN 59-20080007297 forthwith.

(2.) It is the case of the petitioner, that he is a driver with Tamil Nadu State Transport Corporation (Madurai) Limited from 2015. According to him, the bus belonging to the Tamil Nadu State Transport Corporation (Madurai) Limited bearing Registration No.TN-58-N-1577, in which, the petitioner was driving met with an accident on 15.03.2019 between Madurai Periyar Bus Stand and Kariayapatti. It is the case of the petitioner that on 19.03.2019, the police impounded the original driving license from the petitioner and handed over the same to the respondent on the same day itself.

(3.) According to the petitioner, even though, the First Information Report (FIR) has been registered against the petitioner in Crime No.46/19, by the police under Sections 279 and 304 (A) of IPC, the accident did not happen due to his fault. According to the petitioner, no show cause notice was issued to the petitioner nor was the petitioner given any opportunity to prove his innocence, but the original driving license was impounded from the petitioner by the police. In such circumstances, the petitioner has filed the instant Writ Petition seeking for a Mandamus.