1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)No.1643 of 2011 And M.P.(MD)No.1 of 2011 T.Sekar .. Petitioner Vs. The Regional Transport Officer, And Licensing Authority, Pudukkottai. .. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the petitioner's original driving license within a time limit. For Petitioner : Mr.B.Janath Ahmed For Respondent : Mr.P.Thilakkumar Adl.Govt.Pleader O R D E R The petitioner has come up with the present writ petition for a Mandamus, directing the respondent to return his original driving license within a time fixed by this Court. 2.The case of the petitioner is that he is a driver working in Tamil Nadu State Transport Corporation Ltd., Pudukkottai region. On 29.11.2010, when he was driving the vehicle, an accident took place and a case has been registered against him under various provisions of I.P.C., on the file of the Inspector of Police, Athanna Kottai Police Station, Pudukottai District. However, the respondent has seized the driving license of the petitioner. He was also served a show-cause notice dated 06.12.2010, but no orders have been passed finally, in pursuant to the said show-cause notice. Hence, the petitioner has come up with the present writ petition for the relief stated earlier. 3.The learned counsel appearing for the petitioner contended that the respondent has no power to seize the license under the Motor Vehicles Act. The Division Bench of this Court in a judgment in P.Sethuram Vs. The Licensing Authority, The Regional Transport Officer, Dindigul https://hcservices.ecourts.gov.in/hcservices/ 2 reported in (2010 Writ L.R.100) has held that the Regional Transport Authority has no powers to seize the license. 4.In view of the above facts and circumstances, I am inclined to direct the respondent to return the original driving license to the petitioner within a period of one week from the date of receipt of a copy of this order. However, the respondent is at liberty to proceed with the petitioner in pursuant to the show-cause notice issued to him. 5.The writ petition thus ordered accordingly. No costs. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To The Regional Transport Officer, And Licensing Authority, Pudukkottai. +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 6217 ORDER MADE IN W.P(MD)No.1643 of 2011 10.03.2011 MPK PAM 18.03.2011/3C/ https://hcservices.ecourts.gov.in/hcservices/