1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5787 of 2011 A.Periyasamy ...Petitioner Vs The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. ... Respondent Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondent to return the driving licence of the petitioner bearing D.L.No.TN 28 19950002849 to him forthwith. For petitioner ...Mr.S.Arunachalam For Respondents ...Mr.T.S.Mohammed Mohideen Addl. Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 2. By consent, the writ petition is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing the respondent to return the driving licence of the petitioner bearing D.L.No.TN 28 19950002849 to him forthwith. 4. The case of the petitioner is that he is working as a Driver in the Tamil Nadu State Transport Corporation Ltd. While he was driving the vehicle, an accident took place and a first information report has been registered against him under Section 304(A) IPC. The driving licence was also seized by the respondent. Hence, the petitioner has come up with the present writ petition for the relief stated earlier. 5. It is the case of the petitioner that the respondent has no power to seize the driving licence and hence the driving licence has to be returned to the petitioner. 6. However, the learned Additional Government Pleader states that since the petitioner was responsible for the accident, a case has been registered against him and the driving licence has been seized from the petitioner. 7. As rightly pointed out by the learned counsel appearing for the petitioner, the respondent has no power to seize the driving licence from https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner. If at all the respondent can initiate action against the petitioner under the Motor Vehicles Act. This has been so held by the Division Bench of this Court. 8. In view of the above, I direct the respondent to return the driving licence of the petitioner forthwith. However, the respondent is at liberty to initiate action against the petitioner under the Motor Vehicles Act. The Writ Petition is ordered accordingly. No costs. RR Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy. +1 cc to Special Government Pleader, SR.No.20670 +1 cc to Mr.S.Arunachalam, Advocate SR.No.17157. W.P.(MD) No.5787 of 2011 Dated:27.06.2011 2P/4C RPB 08.07.2011 https://hcservices.ecourts.gov.in/hcservices/