1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5834 of 2011 T.Subramaniyan : 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 issue of a Writ of Mandamus, directing the respondent to return the driving licence of the petitioner bearing D.L.No.TN45 19810000685 to him forthwith. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondent to return his driving licence. 4. It is the case of the petitioner that he was working as a driver in the Tamil Nadu State Transport Corporation (Kumbakonam) Limited and while he was driving the vehicle, an accident took place and an F.I.R. has been registered against him under various provisions of the Indian Penal Code. That apart, his driving licence has been seized by the respondent without any authority. Hence, he has come up with the present Writ Petition. 5. Considering the above facts and circumstances of the case, I am of the considered view that the respondent, even though, can take https://hcservices.ecourts.gov.in/hcservices/ 2 action against the petitioner under the Motor Vehicles Act, he cannot seize the driving licence. It has been so held by a Division Bench of this Court. 6. Considering the said fact, I am inclined to direct the respondent to return the driving licence to the petitioner. Accordingly, the respondent is directed to return the driving licence to the petitioner forthwith. However, the respondent is at liberty to take action against the petitioner in the manner known to law. 7. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, The Regional Transport Office, Trichy. +1 CC to Mr.S.Arunachalam, Advocate (SR.No.17490) +1 CC to Special Government Pleader (SR.No.17403) Order made in W.P.(MD)No.5834 of 2011 Dated:- 07.06.2011 SML NSV/8.6.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/