1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.7044 of 2011 K.Pasumpon ... Petitioner Vs 1.The Licensing authority cum Regional Transport Officer, Madurai North Circle, Madurai. 2.The Inspector of Police, Melur Police station, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to return the petitioner's driving licence bearing DL No.TN 58 19980000455 to the petitioner forthwith. For petitioner ... Mr.V.Sankaranarayanan 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 respondents. 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 first respondent to return the petitioner's driving licence bearing DL No.TN 58 19980000455 forthwith. 4. It is the case of the petitioner that he was appointed as a Driver in the Tamil Nadu State Transport Corporation (Madurai) Ltd., on 19.05.2011. On 25.05.2011, when he was driving the bus, an accident took place and a case has been registered against him under section 304A IPC at Melur Police Station. His driving licence was also seized. 5. Thereafter, the first respondent issued a show cause notice dated 05.06.2011 asking him, why his driving licence should not be suspended. The petitioner offered an explanation for the same. However, no final order has been passed. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Contending that the driving licence cannot be seized by the first respondent under the Motor Vehicles Act, the petitioner has filed the present writ petition. 7. The Division Bench of this Court has held that the licensing authority cum Regional Transport Officer has no power to seize the driving licence. But, however, he can take recourse only under the Motor Vehicles Act. 8. In view of the above stated position, I am inclined to direct the respondents to return the driving licence of the petitioner forthwith. However, the first respondent is at liberty to take proceeding against the petitioner under the Motor Vehicles Act 1988. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Licensing authority cum Regional Transport Officer, Madurai North Circle, Madurai. 2.The Inspector of Police, Melur Police station, Madurai District. + 1 cc to Mr.V.Sankaranarayanan, Advocate, SR No.21484 + 1 cc to The Special Government Pleader, SR No.21176 W.P.(MD) No.7044 of 2011 30.06.2011 RR RJ/14.7.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/