BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.06.2011 CORAM THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5974 of 2011 P.Mohan :Petitioner -Vs- 1.The Regional Transport Officer, The Regional Transport Office, Kulithalai, 2.The Regional Transport Officer, The Regional Transport office, Chengalpattu. :Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to return the driving license of the petitioner bearing D.L.No.TN 47 19960000143 to him forthwith. For petitioner :Mr.S.Arunachalam For Respondents:Mr.T.S.Mohamed Mohideen,Additional Government Pleader ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2.By consent of both sides, the Writ Petition itself is taken up for final hearing. 3.The petitioner has come up with the present Writ Petition for a mandamus directing the respondents to return the driving license to him forthwith. 4.The case of the petitioner is that he is working as driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited from 1998. When he was driving the vehicle, an accident took place and an FIR has been registered against him under Sections 279 and 304(A) IPC. He is no way responsible for the accident. While so, the driving license pertaining to him was seized by the respondents. But however, they have not returned the same. Hence, the petitioner has come up with the present writ petition for the relief stated above. 5.The respondents have no power to seize the driving license under the Motor Vehicles Act. They got power only to proceed against the petitioner under the provisions of the said Act. This has been held so by the Division Bench of this Court. 6.In view of the above stated position, I am inclined to direct the respondents to return the driving license to the petitioner forthwith. It is needless to say that the respondents are at liberty to initiate action against the petitioner,if they intend to do so under the Motor Vehicles Act. 7.The Writ Petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Regional Transport Officer,The Regional Transport Office,Kulithalai. 2.The Regional Transport Officer,The Regional Transport office,Chengalpattu. +1CC to Mr.S.Arunachalam, Advocate. SR.No.17747. +1CC to The Additional Government Pleader. SR.No.17816. Rj2 WP(MD)No.5974 of 2011 RP/21.06.2011/1P/5C. 09.06.2011. https://hcservices.ecourts.gov.in/hcservices/