1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :26.04.2011 Coram The Honourable Mr.Justice K.VENKATARAMAN W.P.(MD).No.2390 of 2011 S.Arunachalam ..Petitioner Versus The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. .. Respondent Prayer: Writ petition filed under Article 226 of Constitution of India to issue a writ of mandamus directing the respondent to return the driving license of the petitioner bearing D.L.No.TN-48- 19950000090 to him forthwith. For Petitioner: Mr.Sivakumar For Respondent: Mr.Thilak Kumar Additional Govt.Pleader ORDER The present writ petition is filed for a mandamus directing the respondent to return the driving licence of the petitioner within a time fixed by this Court. 2.It is the case of the petitioner that he is working as a driver in a private lorry company. On 28.01.2011, when he was driving the lorry, an accident took place and an first information report has been registered for an offence under Section 304(A) of I.P.C. He has produced the vehicle on 31.01.2011 before the Motor Vehicle Inspector. At that time, his driving license was seized by the said Motor Vehicle Inspector. However his driving licence was not returned. No proceeding has been taken against him under the Motor Vehicles Act, 1988 sofar. In view of the above stated position, the petitioner has come up with the present writ petition. 3.Notice of motion was ordered to the respondent. In fact, Mr.Thilak Kumar, the learned Additional Government Pleader has taken https://hcservices.ecourts.gov.in/hcservices/ 2 notice on 01.03.2011. Today, the learned Additional Government Pleader represented that sofar he has not received any instruction from the respondent. In view of the above stated position, I am inclined to dispose of the writ petition on the facts set out in the affidavit filed in support of the writ petition. 4.The Division Bench of this Court has held that the authority concerned has no power to seize the vehicle and he is only entitled to take action against the person concerned under Section 19(1) of the Motor Vehicles Act, 1988. In such a case, it is averred in the affidavit that sofar no action has been taken by the respondent under the said Act. In such view of the matter, the respondent has to return the driving licence to the petitioner. 5.Taking such view, I am inclined to direct the respondent to return the driving licence to the petitioner forthwith. It is needless to say that the respondent is at liberty to take proceedings against the petitioner as per the Motor Vehicles Act, 1988. 6.With the above direction, the writ petition is ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. +1cc to Mr.Rm.Sivakumar, Advocate SR.No.14996 Vs akm/27.04.11 /2p-3c/ W.P.(MD)No.2390 of 2011 https://hcservices.ecourts.gov.in/hcservices/