Judgment · High Court

1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.04.2011CORAM:THE HONOURABLE MR.JUSTICE K.VENKATARAMANW.P.(MD)No.4296 of 2011P.Sivaraj: Petitioner Vs.The Regional Transport Officer (Madurai South),O/o.The Regional Transport Office(Madurai South),Madurai, Madurai District.: RespondentPrayer: 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 petitioner'sdriving licence No.TN-59-19920006574 within a day fixed by this Court pending disposal of the case in Crime No.95 of 2011 of Chekkanoorani Police Station, Madurai District. For Petitioner : Mr.J.Selvam For Respondent: Mr.P.Thilak KumarAdditional Government Pleader********ORDER******Mr.P.Thilak Kumar, learned Additional GovernmentPleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage ofadmission itself.

The petitioner has come up with the present WritPetition for a Mandamus, directing the respondent to return thedriving licence of the petitioner, within a time fixed by this Court.

The case of the petitioner is that he is working asa driver in the Usilampatti Depot of Tamil Nadu State TransportCorporation. When he was driving a vehicle, an accident tookplace and a case has been registered against him in Crime No.95of 2011 under Section 304(A) of the Indian Penal Code on thefile of the Sub Inspector of Police, Chekkanoorani Police https://hcservices.ecourts.gov.in/hcservices/ 2Station. The driving licence of the petitioner was also seizedby the respondent. However, the same has not been returned tohim. Under Section 19(1) of the Motor Vehicles Act, 1988, thelicensing authority has got power only to revoke the licence, but, it has no power to seize the licence. Hence, the petitionerhas come up with the present Writ Petition for the reliefsstated earlier.

I have considered the submission made by thelearned counsel appearing for the petitioner.

As rightly contended by the learned counselappearing for the petitioner, the licensing authority, viz., therespondent herein has no power to seize the driving licence ofthe vehicle. It has got power under Section 19(1) of the MotorVehicles Act, 1988 only to revoke the licence. It has been soheld by a Division Bench of this Court.

Considering the above facts and circumstances ofthe case, I direct the respondent to return the driving licenceto the petitioner forthwith.

The Writ Petition stands ordered accordingly. Nocosts. Sd/-Assistant Registrar(C.O)/True Copy/Sub-Assistant RegistrarToThe Regional Transport Officer (Madurai South),O/o.The Regional Transport Office(Madurai South),Madurai, Madurai District.+One Cc to Mr.J.Selvam, Advocate, SR.No.13498+One cc to The Spl. Govt Pleader, SR.No.13932SMLrl/4c – 21.4.2011Order made in W.P.(MD)No.4296 of 2011 Dated:- 11.04.2011