1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10248 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 D.Saravanan : Petitioner Vs. The Regional Transport Officer, The Regional Transport Office, Madurai North, Madurai. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent in 43420/A4/2011, dated 29.06.2011 and quash the same and consequently, direct the respondent to return the petitioner's original driving licence. For Petitioner : Mr.Asai Thambi For Mr.V.Nagendran For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER ****** Mr.Asai Thambi, who is the one of the learned counsel on record, has sought for adjournment. 2. Pleadings and material on record disclose that when the petitioner was on duty on 31.07.2010 and driving a Transport Corporation bus bearing Registration No.TN-58-N-0653, there was an accident, and a cyclist, who sustained injuries, succumbed to the same. The petitioner has denied the manner of occurrence. Despite his explanation, a criminal case has been registered against him in Crime No.140 of 2010, dated 31.07.2010, under Section 304(A) of the Indian Penal Code, by the Inspector of Police, Tallakulam Police Station, Madurai. The petitioner was suspended from service on 03.08.2010. Subsequently, the same was revoked on 02.09.2010, without prejudice to the charges framed against him. A charge memorandum dated 15.09.2010 was issued. Subsequently, the Inspector of Police, Tallakulam Police Station, Madurai, directed the petitioner to appear on 29.06.2011. On his appearance, the Investigating Officer seized the petitioner's licence and directed him to get back the same from the Regional Transport Officer, Madurai North, Madurai, the respondent herein. Subsequently, the respondent has passed an order dated 29.06.2011, signed on 11.07.2011, suspending the licence of the petitioner from 05.07.2011 to 04.01.2012, inspite of a detailed explanation, denying the allegations levelled against the petitioner. Being aggrieved by the same, the petitioner has filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Though the petitioner, at paragraph No.19 of the supporting affidavit, has inter alia contended that he has no other alternative, except to approach this Court under Article 226 of the Constitution of India, perusal of the typed-set of papers shows that being aggrieved by the impugned order dated 29.06.2011 of the Regional Transport Officer, Madurai North, Madurai, the licensing authority, the petitioner has preferred an appeal before the Deputy Commissioner of Regional Transport Office, Madurai. The grounds of appeal have been enclosed at page Nos.9 to 13 in the typed-set of papers. When the petitioner has already filed an appeal in the month of July, 2011, under Rule 51 of the Tamil Nadu Motor Vehicles Rules, the contention that he has no other alternative and effective remedy, is contrary to his own case and invoking parallel remedy by way of this Writ Petition, to adjudicate the correctness of the impugned order is not permissible. Hence, the Writ Petition is liable to be dismissed and accordingly, dismissed. Consequently, the connected miscellaneous petitions are also dismissed. No costs. sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Madurai North, Madurai. + 1 cc to The Special Government Pleader, SR No.30930 Order made in W.P.(MD).No.10248 of 2011 09.09.2011 SML RJ/26.9.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/