1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.2361 of 2011 T.Jeba Sudhakar : Petitioner Vs. 1.The Regional Transport Authority, Marthandam, Kanyakumari District. 2.The Motor Vehicle Inspector, Grade I, Marthandam, Kanyakumari District. 3.The Inspector of Police, Eraniel Police Station, Kanyakumari District. : 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 respondents 1 and 2 to return the driving licence of the petitioner in D.L.No.TN-74/19950002919. For Petitioner : Mr.J.John Jayakumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ******** ORDER ****** Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, the Writ Petition itself is taken up for final disposal. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the first and second respondents to return the driving licence of the petitioner, within a time specified by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4. 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 and a case has been registered against him under Sections 279 and 304 (A) of the Indian Penal Code, on a complaint given by a third party. That apart, his driving licence has been seized by the respondents without any authority. Hence, the petitioner has filed the present Writ Petition. 5. The Motor Vehicle Inspector and the Regional Transport Authority have no power to seize the driving licence. They have got power only to initiate proceedings under the Motor Vehicles Act. This has been so held by a Division Bench of this Court. 6. In view of the above stated position, the respondents are directed to hand over the driving licence to the petitioner forthwith. However, liberty is given to the respondents to initiate action against the petitioner, if he has violated any of the provisions under the Motor Vehicles Act. 7. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Regional Transport Authority, Marthandam, Kanyakumari District. 2.The Motor Vehicle Inspector, Grade I, Marthandam, Kanyakumari District. 3.The Inspector of Police, Eraniel Police Station, Kanyakumari District. +One cc to Mr.J.John Jayakumar, Advocate, SR.No.17382 +One cc to The Spl Govt. Pleader, SR.No.17404 SML rl/6c – 9.6.2011 Order made in W.P.(MD)No.2361 of 2011 Dated:- 07.06.2011 https://hcservices.ecourts.gov.in/hcservices/