1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.3600 of 2011 Sadaiyandi ...Petitioner Vs The Regional Transport Officer and Licensing Authority Theni, Theni District. ...Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondent to return the petitioner's original driving license within a time limit that may be fixed by this Court. For Petitioner : Mr.A. Rahul For Respondent : Mr.P. Thilak Kumar, AGP O R D E R Mr.P.Thilak Kumar, Additional Government Pleader takes notice for the respondents 2. By consent, the main writ petition itself is taken up for final disposal. 3. The case of the petitioner is that he was employed as driver in the Tamil Nadu State Transport Corporation (Madurai) Ltd. On 6/3/2010, when he was driving the vehicle, some of the passengers were standing in the footboard of the bus, despite the warning issued by the Conductor. While the bus was moving, one of the passengers fell down from the bus and he was admitted in the hospital and later died. A case was registered against the petitioner under Section 304 A of the Indian Penal Code. While so, on 8/3/2011, his driving license was seized by the transport authorities. However, no action was taken so far and no final orders have been passed under Section 19 (1) of the Motor Vehicles Act. Hence the petitioner has come forward with the present writ petition praying for the relief as stated therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4. 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. 5. In view of the above stated position, I direct the respondent to return the driving license to the petitioner forthwith. However, the present order will not stand in the way of the respondent from taking any other action against the petitioner under the Motor Vehicles Act. 6. This writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR mvs. To The Regional Transport Officer and Licensing Authority Theni, Theni District. 1CC TO MR. A. RAHUL, ADVOCATE,SR: 8223: 1CC TO THE SPL.GOVT PLEADER SR: 11971: DM:2011:MARCH:30: W.P.(MD) No.3600 of 2011 28/3/2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/