1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15-11-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.9412 of 2011 K.Saminathan .. Petitioner vs. 1.The Regional Transport Officer, Regional Transport Office, Srirangam, Trichy. 2.The Inspector of Police, Lalgudi Police Circle, Trichy District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to return the driving license of the petitioner bearing D.L.No.TN 46 – 19910005533 to him forthwith. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.R.Karthikeyan, Additional Government Pleader. O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus, to direct the first respondent to return the driving license of the petitioner bearing D.L.No.TN 46 – 19910005533 to him forthwith. 2. Heard Mr.S.Arunachalam, learned counsel for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader for respondents 1 and 2. 3. It is the case of the petitioner that he is working as a Driver in the Tamil Nadu State Transport Corporation Limited. While he was driving the vehicle, an accident took place on 26.7.2011 and a case has been registered against him for an offence under Sections 304(A) of the Indian Penal Code. His driving license has been seized by the first respondent without any authority. Hence, the petitioner has filed the present writ petition. 4. In S.Murugesan vs. The Licensing Authority {W.A.(MD) No.176 of 2009 decided on 22.6.2009}, it was held by the Division Bench of this Court, to which I was a party, that under Section 19(1) of the Motor Vehicles Act, 1988, the Licensing https://hcservices.ecourts.gov.in/hcservices/ 2 Authority has power to revoke any license or disqualify a person for a specified period from holding or obtaining a driving license, if any of the contingencies prescribed in clauses (a) to (h) of sub-section (1) arises. The said power can be invoked only after giving an opportunity to the holder of the license and for reasons to be recorded in writing. 5. But in this case, the procedure prescribed has not obviously been followed. Therefore, the petitioner is entitled to the remedy sought. 6. In view of the above, the writ petition is allowed and the first respondent is directed to return the driving license of the petitioner, within a week of receipt of a copy of this order. However, it shall not preclude the first respondent from proceeding further with the proceedings already initiated, if any of the contingencies specified in Section 19(1) has arisen or if any of the rules framed by the Central Government had been followed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Regional Transport Officer, Regional Transport Office, Srirangam, Trichy. 2.The Inspector of Police, Lalgudi Police Circle, Trichy District +One cc to Mr.R.Karthikeyan, Additional Govt. Pleader, SR.No.39895 Vsm/Svn rl/4c – 21.11.2011 W.P.(MD)No.9412 of 2011 15-11-2011 https://hcservices.ecourts.gov.in/hcservices/