1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.6617 of 2011 R.Dhamotharakannan ... Petitioner Vs The Regional Transport Officer, Revenue Transport Office, Madurai South, Madurai. ... Respondent Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondent to return the petitioner's original driving license within a time limit fixed by this Court. For petitioner ...Mr.C.Prabhaaran For Respondents ...Mr.T.S.Mohammed Mohideen Addl. 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, the writ petition is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing the respondent to return the petitioner's original driving license. 4. The case of the petitioner is that he is employed as a Driver in the Tamil Nadu State Transport Corporation (Madurai) Ltd. On 28.04.2011, when he was driving the bus baring registration No.TN 58 N 1055, an accident took place and a case has been registered against him under Section 304(A) IPC. Subsequently, the driving license has been seized from the petitioner by the respondent. A show cause notice was also issued to him calling upon him, why his driving license should not be suspended?. The petitioner has also sent a representation to the respondent dated 15.05.2011 to return his driving license. But, however, the driving license, which is seized from the petitioner was not returned to him and hence the petitioner has come up with the present writ petition for the relief stated earlier. 5. On notice, the learned Additional Government Pleader appearing for the respondent states that no final order has been passed and orders would be passed in due course. 6. In view of the above, I am of the considered view that the https://hcservices.ecourts.gov.in/hcservices/ 2 driving license, which has been seized from the petitioner, has to be returned to the petitioner. The respondent has no power to seize the driving license as has been held by the Division Bench of this Court. In view of the same, I direct the respondent to return back the driving license to the petitioner forthwith. It is needless to say that the respondent is at liberty to pass final orders against the petitioner as contemplated under the Motor Vehicles Act. The Writ Petition is ordered accordingly. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, Revenue Transport Office, Madurai South,Madurai. +1cc to Mr.Special Government Pleader, SR.No.20416 RR GH : 07.07.2011 : 2p/3c W.P.(MD) No.6617 of 2011 and M.P.No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/