1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/4/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.4840 of 2011 N. Rengaraj ... Petitioner Vs. The Regional Transport Officer The Regional Transport Office Trichy ... 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 bearing No.TN45 19970007906 forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.P.Thilak Kumar, AGP 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 was employed as Driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., from 2007. While so, on 9/4/2011, when he was driving a bus, a two wheeler which came behind the bus, went on the right side of the road, so as to over take the bus and fell down on the road after being hit by the car which came from the opposite direction. A case has been registered against the petitioner in Crime No.171 of 2011 on the file of Manaparai Police Station under Sections 279 and 304 (A) IPC. On 11/4/2011, his driving license was seized by the respondent. 5. Since the driving license has not been returned so far by the respondent, the petitioner has come forward to approach this Court by way of filing the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 6. Considering the above facts and circumstances and also considering the fact that the Division Bench of this Court has held that the respondent has no power to seize the driving license, exercising power under 19 (1) of the Motor Vehicles Act, 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. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To The Regional Transport Officer and Licensing Authority Trichy. +1cc to Mr.S.Arunachalam, Advocate, Sr.No.15323 +one cc to Special Government Pleader, Sr.No.15769 W.P.(MD)No.4840 of 2011 27/4/2011 mvs SMA/12.5.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/