V. BOOPATHY Vs. REGIONAL TRANSPORT OFFICER, TAMBARAM, CHENNAI

JUDGEMENT

(1.) The prayer in the writ petition is to issue a Writ of Mandamus directing the first respondent to return the original driving license of the petitioner bearing No. TN04 1997 0002654.

(2.) The petitioner herein is a Driver of Tamil Nadu State Transport Corporation. On 23.04.2019, while driving transport bus bearing No. TN01N 9855 from Tambaram to Chrompet, he caused an accident hitting a two wheeler. The bike rider died on the spot and other two persons travelling as pillion rider sustained simple injury. A case has been registered against him by the Chrompet Traffic Investigation Wings in Crime No. 199/CH3/2019 under Sections 279, 337 of IPC (2 counts) and 304(A) of IPC. On recommendation of the second respondent, the first respondent herein has seized the original driving licence of the petitioner.

(3.) The contention of the petitioner herein is that the accident did not occur due to his negligence or rashness, but due to the two wheeler rider carrying two persons in his bike as pillion, contrary to Rule. He hit the centre median rash and negligently and fell down on the left side of the road and got crushed under the wheels of the petitioner's bus. Therefore, he has given a representation to the respondent on 12.06.2019 narrating the facts and sought for return of the driving licence. Since there was no response from the first respondent, the present writ petition came to be filed by the petitioner on 04.07.2019.