1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4302 of 2011 A.Nazar : Petitioner Vs. The Regional Transport Officer The Regional Transport Office, Pudhukottai District, Pudhukottai. : 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 hand over the petitioner's four wheeler licence to him within a time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy 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 hand over his four wheeler licence to him, within a time stipulated by this Court. 3. The case of the petitioner is that his driving licence was seized by the respondent, in view of an accident that took place on 07.03.2011. A case has been registered against him in Crime No.79 of 2011 on the file of the Viralimalai Police Station under Section 304(A) of the Indian Penal Code. The accident took place not because of the negligent act of the petitioner. 4. A show cause notice was issued under Section 19(1)(c) of the Motor Vehicles Act, 1988 by the respondent. He appeared on 16.03.2011, in pursuant to the notice and gave a detailed explanation. But, however, till date, no orders have been passed. In such circumstances, the petitioner has come up with the present Writ https://hcservices.ecourts.gov.in/hcservices/ 2 Petition for the reliefs stated earlier. 5. A Division Bench of this Court has held that the licensing authority 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. 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(CO) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer The Regional Transport Office Pudhukottai District, Pudhukottai. +one cc to Special Government Pleader, Sr.No. 13663 +1cc to Mr.T.Lajapathi Roy Advocate, Sr.No.13663 Order made in W.P.(MD)No.4302 of 2011 Dated:- 11.04.2011 sml SMA/25.04.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/