1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :13.06.2011 C O R A M The Honourable Mr.Justice K.VENKATARAMAN W.P.No.(MD).No.5678 of 2011 R.Vallavarasan .. Petitioner Versus The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. .. Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India to issue appropriate writs, orders or direction and in particular the writ of mandamus directing the respondent to return the petitioner's driving license bearing D.L.No.TN47 19860000 194 to him forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 2. By consent of both sides, the writ petition itself is taken up for final hearing. 3. The petitioner has come up with this writ petition for a mandamus directing the respondent to return the driving license to him forthwith. 4. The case of the petitioner is that he is working as a driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited. While he was driving the bus, an accident took place. For that, a case has been registered against him under Sections 279 and 304-A of the Indian Penal Code. At the same time, the driving license of the petitioner was seized by the respondent. Since the respondent has no power to seize the driving license, the petitioner has come up with this writ petition seeking a direction to the respondent to return his driving license. https://hcservices.ecourts.gov.in/hcservices/ 2 5. It is contended by the learned counsel appearing for the petitioner that the respondent has no power to seize the driving license. If at all according to him, the respondent can proceed against the petitioner only under the Motor Vehicles Act, 1988. 6. The learned Additional Government Pleader appearing for the respondent is unable to point out that the respondent has got power to seize the driving license. In view of the above position and also in view of the fact that a Division Bench of this Court has taken the view that the Transport Authorities have no power to seize the driving license, I am inclined to direct the respondent to return the driving license of the petitioner bearing D.L.No.TN47 19860000 194 to him forthwith. 7. This writ petition is ordered accordingly. However, the respondent is at liberty to proceed against the petitioner under the Motor Vehicles Act, 1988 if he chooses to do so. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. +1 CC to Mr.S.Arunachalam, Advocate (SR.No.18109) +1 CC to special Government Pleader (SR.No.18294) W.P.(MD)No.5678 of 2011 13.06.2011 vs NSV/14.6.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/