1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4940 of 2011 P.Tamilarasan : Petitioner Vs. The Regional Transport Officer, 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 Mandamus, directing the respondent to return the petitioner driving licence in D.L.No.TN59-20080012845 to him forthwith. For Petitioner : Mr.B.Pugalendhi For Respondent : Mr.V.Rajasekaran Special Government Pleader ORDER Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondent to return his driving licence in D.L.No.TN59-20080012845 to him forthwith. 4. The case of the petitioner is that he is working as a driver in the Tamil Nadu State Transport Corporation, Madurai Division. He is having a heavy vehicle licence upto 09.11.2011. 5. On 11.04.2011, a complaint was lodged against the petitioner, for which, a case has been registered against him in Crime No.85 of 2011 for the offence under Section 304(A) of the Indian Penal Code. He is not responsible for any of the accident. The driving licence was also seized from him. The same has not been returned, though no action was taken against him under the provisions of the Motor Vehicles Act, 1988. Hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 6. A Division Bench of this Court has held that under the Motor Vehicles Act, 1988, the respondent has no power to seize the driving licence. 7. Considering the above facts and circumstances of the case, I direct the respondent to return the driving licence to the petitioner forthwith https://hcservices.ecourts.gov.in/hcservices/ 2 However, this will not disentitle the respondent to take action against the petitioner under the Motor Vehicles Act, 1988. 8. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Regional Transport Officer, Regional Transport Office, Madurai North,Madurai. +1cc to The Special Govt.Pleader SR.No.15765 Order made in W.P.(MD)No.4940 of 2011 Dated:- 27.04.2011 SML PA/04.05.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/