1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.3253 of 2011 R.Jeyasekaran ...Petitioner Vs. The Regional Transport Officer and Licensing Authority Madurai North Pudukkulam Madurai. ...Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus praying to direct the respondent to return the petitioner's original driving license within a time limit. For Petitioner : Mr.A.Rahul For Respondent : Mr.P.Thilak Kumar Additional Government Pleader O R D E R By consent, the main writ petition itself is taken up for final disposal. 2. Mr.P.Thilak Kumar, Additional Government Pleader takes notice on behalf of the respondent. 3. The petitioner has come up with the present Writ Petition praying to direct the respondent to return the petitioner's original driving license. 4. The case of the petitioner is that he is working as a Driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., from 23/1/1981. On 12/12/2010, when he was driving a bus, a person riding a two wheeler came in a rash and negligent manner dashed against the bus. In the result, he sustained injury and later died in the hospital. A case has been registered against him in Melur Police Station under Sections 279, 337 and 304 (A) IPC. The driving license was seized by the Inspector of Police, Melur Police Station and the same was handed over to the respondent. A show cause notice was issued to him. Even after his explanation, no order has been passed. In view of the above stated position, the petitioner has filed the present writ petition for the relief stated earlier. 5. The Division Bench of this Court has already held that the respondent has no power to seize the driving license, exercising power https://hcservices.ecourts.gov.in/hcservices/ 2 under 19 (1) of the Motor Vehicles Act. 6. In view of the above stated position, I direct the respondent to return the driving license to the petitioner forthwith. However, the respondent is at liberty to pass final orders on the show cause notice issued to the petitioner. 7. This writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. mvs. Sd/- Assistant Registrar[P&A] /True copy/ Sub Assistant Registrar To The Regional Transport Officer and Licensing Authority Madurai North Pudukkulam Madurai. +1 cc to Mr.A.Rahul, Advocate SR.No.7434. +1 cc to Special Government Pleader, sR.No.7602. W.P.(MD)No.3253 of 2011 DAted:22.03.2011 2P/4C RPB 25.03.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/