1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.3678 of 2011 and MP(MD)No.1 of 2011 S.Michaelsamy :Petitioner -Vs- 1.The Licensing Authority, Regional Transport Office, Pudukottai, Pudukottai District. 2.The Sub-Inspector of Police, Alangudi Police Station, Alangudi, Pudukottai District. 3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam), Pudukottai. :Respondents Prayer:Writ Petition is 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 original driving licence No.TN55 19980001161 issued in favour of the petitioner without any restrictions to drive the class or description of vehicles specified in the said licence. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.N.Ilango,Government Advocate ORDER Mr.N.Ilango, learned Government Advocate, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2.The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to return the original driving licence issued in his favour. 3.The case of the petitioner is that he has been issued with a driving licence to drive light motor vehicle by proceeding dated 15.04.1998. He is working as a bus driver in the Tamil Nadu State Transport Corporation, Pudukottai from the year 2007. On 24.02.2011 when he was driving the bus, one person, who came in the Hero Honda Motorcycle along with his daughter and his son, suddenly turned right and the motorcycle was hit in the front left bumper of the bus driven by the petitioner. In the impact, one of the persons died on the spot. A First Information Repot was registered against the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 under Section 304(A) and other provisions of the Indian Penal Code. 4.The second respondent collected the original RC book and also the driving licence from him. The first respondent also issued a show cause notice to him on 25.02.2011, directing him to show cause why his driving licence should not be cancelled. The petitioner was made to accept that he was negligent and also to agree to cancel the licence. However, the petitioner has given an explanation on 25.02.2011 citing that he was not negligent. However, the first respondent has not returned the licence. No final order has been passed in pursuant to the show cause notice issued to the petitioner. Therefore, the petitioner has approached this Court by filing the present Writ Petition for the reliefs stated earlier. 5.Considering the above facts and circumstances of the case and also considering the fact that a Division Bench of this Court has held that the Regional Transport Officer has no power to seize the driving licence, I direct the first respondent to forthwith hand over the driving licence to the petitioner. However, the respondents are at liberty to take action against the petitioner in the manner known to law. 6.The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Licensing Authority, Regional Transport Office, Pudukottai, Pudukottai District. 2.The Sub-Inspector of Police, Alangudi Police Station, Alangudi, Pudukottai District. 3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam), Pudukottai. +1CC to Mr.A.Thirumurthy, Advocate. SR.No.8448. SML Order made in WP(MD)No.3678 of 2011 RP/06.04.2011/2P/5C. Dated:- 29.03.2011 https://hcservices.ecourts.gov.in/hcservices/