BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25/4/2011 CORAM THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.4499 of 2011 K. Selvam :Petitioner -Vs- The Regional Transport Officer and Licensing Authority,Dindigul:Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus praying to direct the respondent to return the petitioner's original driving license. For Petitioner : Mr.A.Rahul For Respondent : Mr.N.Elango,Government Advocate ORDER By consent, the main writ petition itself is taken up for final disposal. 2.Mr.N.Ilango, Government Advocate takes notice on behalf of the respondent. 3.The petitioner has come up with the present Writ Petition praying to direct the respondent to return the petitioner's original driving license. 4.The case of the petitioner is that he was employed as Driver in the Tamil Nadu State Transport Corporation (Madurai) Ltd., from 10/4/1997. On 10/3/2011, when he was driving a bus, a person riding a car, suddenly came in the right side of the road and dashed against the bus. A case has been registered against the petitioner in Crime No.95 of 2011 dated 10/3/2011 on the file of Vathalakundu Police Station under Section 304 (A) IPC. On 11/3/2011, his driving license was seized by the respondent. 5.Thereafter, a show cause notice dated 15/3/2011 was issued to him, calling upon him why his license could not be cancelled. The petitioner offered an explanation for the same on 30/3/2011. However, so far no action was taken in pursuant to the show cause notice. While so, without passing final orders, as required under Section 19 (1) of the Motor Vehicles Act, the respondent is keeping the license with him. Hence, the petitioner has approached this Court by way of filing the present writ petition. 6.Considering the above facts and circumstances and also considering the fact that the Division Bench of this Court has held that the respondent has no power to seize the driving license, exercising power under 19 (1) of the Motor Vehicles Act, I direct the respondent to return the driving license to the petitioner forthwith. However, the respondent is at liberty to pass final orders on the show cause notice issued to the petitioner. 7.This writ petition is ordered accordingly.No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: The Regional Transport Officer and Licensing Authority,Dindigul. +1CC to Mr.A.Rahul, Advocate. SR.No.14943. +1CC to The Special Government Pleader. SR.No.15705. Mvs./RP/05.05.11/1P/4C. WP(MD)No.4499 of 2011,25.04.2011. https://hcservices.ecourts.gov.in/hcservices/