1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/4/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.4382 of 2011 A. Rajasekaran ...Petitioner Vs 1. The Inspector of Police Appanthirupathi Police Station Madurai District. 2. The Licensing Authority The Regional Transport Officer The Regional Transport Office Madurai (North) Madurai. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the second respondent to return the petitioner's driving license in DL.No.TN59 19790001374 in pursuant to the petitioner's explanation dated 30/3/2011. For Petitioner : Mr.T.Amjad Khan For Respondents : Mr.V.Rajasekaran, Spl.G.P. O R D E R Heard the learned counsel appearing for the petitioner and Mr.V.Rajasekaran, Special Government Pleader for the respondents. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The petitioner has come up with the present writ petition praying to direct the second respondent to return the petitioner's driving license in DL.No.TN59 19790001374 in pursuant to the petitioner's explanation dated 30/3/2011. 4. The case of the petitioner in a nut shell is stated here under:- The petitioner was appointed as a Driver in the Tamil Nadu State Transport Corporation (Dindigul) Limited (Madurai) from 22/11/1988. When he was driving the bus on 9/3/2011, an accident took place. First Information Report has been registered at Appanthirupathi Police Station in FIR No.203 of 2011 under Section 304 (A) of the Indian Penal Code. Thereafter, the first respondent seized the driving license. The second respondent has caused a show cause notice calling upon him to explain why the license should not be revoked or suspended as per Section 19 (1) (a) https://hcservices.ecourts.gov.in/hcservices/ 2 (c) of the Motor Vehicles Act. He sent his explanation for the same. But, however, no orders have been passed till date. 5. In view of the same, the petitioner has come up with the present writ petition praying for the relief as stated therein. 6. The Division Bench of this Court has held that the second respondent has no power to seize the driving license, exercising power under 19 (1) of the Motor Vehicles Act. 7. In view of the above stated position, I direct the second respondent to return the driving license to the petitioner forthwith. However, the respondents are at liberty to pass final orders on the show cause notice issued to the petitioner. 8. 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 1. The Inspector of Police Appanthirupathi Police Station, Madurai District. 2. The Licensing Authority The Regional Transport Officer The Regional Transport Office Madurai (North) Madurai. 1CC TO MR. T. AMJAD KHAN, ADVOCATE, SR: 13691: DM:2011:APRIL:18: W.P.(MD)No.4382 of 2011 12/4/2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/