1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.4573 of 2011 and M.P.(MD).No.1 of 2011 P.Mani .. Petitioner Vs 1.The Sub Inspector of Police, Kanavilaku Police Station, Andipatty,Theni District. 2.The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Theni District. .. Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the 2nd respondent to return the petitioner's Driving License in DL.No.TN 60 19980001261. For petitioner ...Mr.T.Amjadkhan For Respondents ...Mr.V.Rajasekaran Spl. Government Pleader ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2. By consent of both sides, the Writ Petition itself is taken up for final hearing. 3. The petitioner has come up with the present Writ Petition for a mandamus directing the 2nd respondent to return the Driving License to him, which was seized by the second respondent. 4. The case of the petitioner is that he was appointed as a Driver in Tamil Nadu State Transport Corporation Limited and he is discharging his duties on 12.03.2011, there was an accident and hence a case has been registered against the petitioner under Section 304(A) of IPC. Thereafter the first respondent has seized the license. However, the proceeding under section 19(1)(c) of the Motor Vehicles Act was not proceeded against the petitioner. Even assuming that proceeding has been taken against the petitioner, final order has to be passed. However, the same has not been done. Hence, the petitioner has filed the present writ petition for the relief stated earlier. 4. Considering the above facts and circumstances of the case and also considering the fact that the Division Bench of this Court held that the licensing authority has no power to seize the driving license, I am inclined to direct the second respondent to forthwith return the driving license to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 The writ petition is ordered accordingly. However, the respondents are at liberty to proceed against the petitioner under Motor Vehicles Act. No costs. Consequently connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Sub Inspector of Police, Kanavilaku Police Station, Andipatty, Theni District. 2.The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Theni District. +1cc to Mr.T.T.Amjadkhan, Advocate SR.No.14388 +1cc to The Special Govt.Pleader SR.No.14616 W.P.(MD) No.4573 of 2011 and M.P.No.1 of 2011 RR PA/29.04.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/