1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5419 of 2011 A.Suresh .. Petitioner Vs The Regional Transport Officer, Transport Department, Madurai North Madurai District. .. Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondent to return the Driving License bearing No.TN 48 20080001014 of the petitioner forthwith. For petitioner ...Mr.L.Madhusudhanan For Respondents ...Mr.V.Thilak Kumar O R D E R Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 2. By consent of both sides, the Writ Petition itself 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 License bearing No.TN 48 20080001014 of the petitioner forthwith. 4. The case of the petitioner is that he is a Driver employed in a private concern. He has got a valid license. While he was driving his vehicle an accident took place and an FIR has been registered against him under Sections 279, 337 and 304 A IPC. He is no way responsible for the said accident. However, the respondent has seized the driving license without any reason whatsoever. The petitioner also received a show cause notice from the respondent, for which, a reply has been sent by the petitioner in person on 31.03.2011. But till date, the respondent has not passed any order. While so, the license that has been seized by the respondent has to be returned to the petitioner. Since, the respondent has not released the license seized from the petitioner, he has come up with the present writ petition for the relief stated earlier. 5. Considering the above facts and circumstances of the case and also considering the fact that the respondent has no power to seize the driving license as held by the Division Bench of this Court, I direct the https://hcservices.ecourts.gov.in/hcservices/ 2 respondent to return the driving license of the petitioner forthwith. It is needless to state that the respondent is at liberty to proceed with the show cause notice issued to the petitioner as per the Motor Vehicles Act 1988. The writ petition is ordered accordingly. No costs. RR Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To The Regional Transport Officer, Transport Department, Madurai North Madurai District. +1 cc to Mr.L.Madhusudhanan, Advocate SR.No.15912. W.P.(MD) No.5419 of 2011 Dated:29.04.2011 2P/3C RPB 29.04.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/