1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4296 of 2011 P.Sivaraj : Petitioner Vs. The Regional Transport Officer (Madurai South), O/o.The Regional Transport Office (Madurai South), Madurai, Madurai District. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to return the petitioner's driving licence No.TN-59-19920006574 within a day fixed by this Court pending disposal of the case in Crime No.95 of 2011 of Chekkanoorani Police Station, Madurai District. For Petitioner : Mr.J.Selvam For Respondent : Mr.P.Thilak Kumar Additional Government Pleader ******** ORDER ****** Mr.P.Thilak Kumar, learned Additional Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondent to return the driving licence of the petitioner, within a time fixed by this Court. 3. The case of the petitioner is that he is working as a driver in the Usilampatti Depot of Tamil Nadu State Transport Corporation. When he was driving a vehicle, an accident took place and a case has been registered against him in Crime No.95 of 2011 under Section 304(A) of the Indian Penal Code on the file of the Sub Inspector of Police, Chekkanoorani Police https://hcservices.ecourts.gov.in/hcservices/ 2 Station. The driving licence of the petitioner was also seized by the respondent. However, the same has not been returned to him. Under Section 19(1) of the Motor Vehicles Act, 1988, the licensing authority has got power only to revoke the licence, but, it has no power to seize the licence. Hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 4. I have considered the submission made by the learned counsel appearing for the petitioner. 5. As rightly contended by the learned counsel appearing for the petitioner, the licensing authority, viz., the respondent herein has no power to seize the driving licence of the vehicle. It has got power under Section 19(1) of the Motor Vehicles Act, 1988 only to revoke the licence. It has been so held by a Division Bench of this Court. 6. Considering the above facts and circumstances of the case, I direct the respondent to return the driving licence to the petitioner forthwith. 7. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Regional Transport Officer (Madurai South), O/o.The Regional Transport Office (Madurai South), Madurai, Madurai District. +One Cc to Mr.J.Selvam, Advocate, SR.No.13498 +One cc to The Spl. Govt Pleader, SR.No.13932 SML rl/4c – 21.4.2011 Order made in W.P.(MD)No.4296 of 2011 Dated:- 11.04.2011 https://hcservices.ecourts.gov.in/hcservices/