1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7819 of 2011 M.Seran ... Petitioner Vs. The Regional Transport Officer, The Regional Transport Office, Trichy. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to return the petitioner driving license bearing D.L.No.TN-20-Z19850003031 to him forthwith. For petitioner : Mr.S.Arunachalam For respondent : Mr.T.S.Mohamed Mohideen, Addl. Government Pleader ORDER A mandamus is sought for by the writ petitioner to direct the respondent to return his driving licence bearing D.L.No.TN-20-Z- 19850003031, which is said to have been impounded from 12.06.2011 consequent to registration of FIR in Crime No.169 of 2011 under Section 304-A on the file of Vaiyampatti Police Station. 2.According to the petitioner, he is wrongly implicated in the criminal case and due to impounding of the licence, he is unable to drive the vehicle and thereby lost wages. In support of his contention that impounding of licence cannot be done before the issuance of show cause notice, he placed reliance on a decision of this Court reported in 2010 Writ L.R. 100 (P.Sethuram Vs. the Licensing Authority, the Regional Transport Officer, Dindigul). https://hcservices.ecourts.gov.in/hcservices/ 2 3.The contention that the petitioner's licence has been retained in the Office of the respondent has not been disputed in filing any counter affidavit. In addition to the above, no materials have been placed before this Court to prove that any action has been taken under the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder. 4.Following the above said decision, a direction is issued to the respondent to return the Driving Licence bearing No.TN-20-Z- 19850003031 to the petitioner, liberty given to the respondent to take proper action, if they so advised under the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder. 5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Trichy. +1cc to the Special Govt.Pleader, Sr.No.23137 gcg ssk/29.07.2011 /3c -2p/- W.P.(MD).No.7819 of 2011 14.07.2011 https://hcservices.ecourts.gov.in/hcservices/