K.ADHISIVAKUMAR Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The instant Writ Petition has been filed for a Mandamus directing the respondents 1 & 2 to return the petitioner's driving license bearing D.L.No. TN-49-19950002723 forthwith.

(2.) It is the case of the petitioner, that he is a driver with Tamil Nadu State Transport Corporation (Kumbakonam) Limited from the year 2016. According to him, the bus belonging to the Tamil Nadu State Transport Corporation (Kumbakonam) Limited bearing Registration No.TN-68-N-0396 met with an accident on 09.02.2019 on Trichy Pattukottai route, when a mentally challenged person suddenly tried to cross the road without noticing the bus. It is the case of the petitioner that on 09.02.2019, the police impounded the original driving license from the petitioner and handed over the same to the 2nd respondent on the same day itself.

(3.) According to the petitioner, even though, the First Information Report (FIR) has been registered against the petitioner, by the police under Sections 279 and 304 (A) of IPC in Crime No.53 of 2019, 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.