1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2011 CORAM: THE HONOUABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD).No.6524 of 2011 and M.P.(MD).No.1 of 2011 A.Mani S/o.Appaavu, 5/127, Periammapalayam Post, Poolambadi Via, Veppanthattai Taluk, Perambalur District. ..Petitioner Vs. The Regional Transport Officer, The Regional Transport Office, Madurai North, Madurai. ..Respondent Writ petition is 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 that may be fixed by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. By consent, the writ petition itself is taken up for final disposal. 2. The petitioner has come up with the present writ petition for a Mandamus directing the respondent to return his original driving license at the earliest. 3. The case of the petitioner is that he was working as Driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited with effect from 03.06.2008 and his driving license number is TN 46 19920001565. While he was in duty on 02.06.2011 an accident took place and a First Information Report was registered against him in Cr.No.201 of 2011 at Othakadai Police Station under Sections 279, 337 and 304 of IPC. His driving license was seized by the respondent pursuant to the said accident. A show cause notice dated 08.06.2011 was received by him, for which he has offered an explanation. But, till date no final order has been passed. At the same time, the respondent failed to return the driving license to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 Hence, the petitioner has come forward with the present writ petition for the relief as stated earlier. 4. The respondent has no power to seize the driving license as has been held by the Division Bench of this Court in W.A.No.339 of 2009 (D.Edward Raj v. R.T.O., Madurai South). The respondent at best can initiate action under the Motor Vehicles Act, 1988. 5. In view of the above stated position, I am inclined to direct the respondent to return the diving license of the petitioner forthwith. It is needless to say that the respondent is at liberty to pass orders after following the due process of law under the provisions of the Motor Vehicles Act, 1988. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Madurai North, Madurai. +1cc to Mr.G.M.Xavier, Advocate SR.No.19399 +1cc to The Special Government Pleader Sr.No.19686 jikr akm/28.06.11 /2p-4c/ Order made in W.P.(MD).No.6524 of 2011 & M.P.(MD).No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/