1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2011 CORAM: THE HONOUABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD).No.6536 of 2011 & M.P.(MD).No.1 of 2011 A.Elamurugan, S/o.Arunachalam, South Street, Ponparapi post, Sendurai Taluk, Ariyalur District. .. Petitioner Vs. 1.Inspector of Police Kallakudi Police Station,Trichy District. 2.The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy District. .. Respondents Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the second respondent to return the petitioner's driving license in Dl NO.TN.46 19900001589 in pursuant to the petitioner's explanation dated 30.03.2011 and pass such further or other orders as this Court may deem fit and proper. For Petitioner : Mr.R.Maheswaran For Respondents: 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 respondents. 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 second respondent to return his driving license in Dl NO.TN.46 19900001589 pursuant to his explanation dated 30.03.2011 3. The case of the petitioner was that he was appointed as a driver in the Tamil Nadu State Transport Corporation Limited, Lalgudi in the year 2007. On 14.05.2011 an accident took place and hence a case has been registered against him under Section 304(A) IPC by the first respondent police. His driving license was seized by the second respondent and thereafter a show cause notice was given to him under the provisions of the Motor Vehicles Act, 1988. The petitioner offered an explanation for the same. However, without passing any final order, the second respondent is keeping the driving license of the petitioner with him. Hence, the petitioner has come forward with the present writ petition for the relief as stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 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 second respondent to return the diving license of the petitioner forthwith. It is needless to say that the second 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 DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR jikr To 1.The Inspector of Police Kallakudi Police Station, Trichy District. 2.The Licensing Authority, The Regional Transport Officer, The Regional Transport Office, Srirangam, Trichy District. 1CC TO THE SPL. GOVT PLEADER SR: 19690: 1CC TO MR. R. MAHESWARAN, ADVOCATE, SR: 19617: DM::2011:JUNE:23::: Order made in W.P.(MD).No.6536 of 2011 & M.P.(MD).No.1 of 2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/