A.Hakkim Raja v. The Regional Transport Officer

O R D E R This Writ Petition has been filed seeking a direction to the first respondent to forthwith return the petitioner's Driving License No.TN67-20090000238 to him.

¶2By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

¶3The petitioner is a Driver of the Tamil Nadu State Transport Corporation (Madurai) Limited and the vehicle driven by the petitioner met with an accident on 02.01.2026. Hence, an FIR was registered at Traffic Investigation Wing-South Police Station, Trichy in Crime No.03 of 2026 and the second respondent seized the petitioner's driving license and handed over the same to the first respondent. The respondents, without any authority, have impounded the driving license of the petitioner. Though the petitioner has made a representation to the first respondent on 17.01.2026 seeking return of the driving license, the said representation has not been considered till date. Hence, the petitioner has approached this Court.

¶4The learned counsel for the petitioner submitted that there is no provision under law to seize and retain the petitioner's driving license by either the first respondent or the second respondent. Unless the driving license is returned, the petitioner's livelihood will be adversely affected.

¶5The learned Government Advocate appearing for the first respondent and the learned Government Advocate (crl.side) appearing for the second respondent strongly opposed for returning the driving license stating that the petitioner drove the vehicle in a rash and negligent manner, which resulted in the accident.

¶6Heard both sides and perused the materials available on record.

¶7Considering the submission made by the learned counsel appearing for the petitioner as well as the respondents, once an accident has occurred, neither the first respondent nor the second respondent has any power to collect the driving license and withhold the same. The first respondent may cancel or suspend the driving license under certain circumstances prescribed under law and otherwise, there is no question of retaining the driving license by either the first respondent or second respondent. Hence, this Court is of the view that without any authority, the respondents cannot retain the driving license and they are bound to return the same to the petitioner. Accordingly, the first respondent is directed to return the petitioner's driving license, taking into consideration the representation of the petitioner dated 17.01.2026 within a period of one week from the date of receipt of a copy of this order.

¶8With the above direction, this Writ Petition is disposed of. No costs.

28.01.2026 Index : Yes/No Internet: Yes/No vsm To

1.The Regional Transport Officer, The Regional Transport Office, Prattiyur, Trichy District.

2.The Inspector of Police, Traffic Investigation Wing-South Police Station, Trichy City, Trichy.

KRISHNAN RAMASAMY, J. vsm W.P.(MD)No.2033 of 2026

28.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.2033 of 2026 A.Hakkim Raja ... Petitioner Vs 1.The Regional Transport Officer, The Regional Transport Office, Prattiyur, Trichy District. 2.The Inspector of Police, Traffic Investigation Wing-South Police Station, Trichy City, Trichy. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to return the petitioner's driving license No.TN67-20090000238 forthwith. For Petitioner : Mr.S.Arunachalam For R-1 : Mrs.S.Jeyapriya, Government Advocate For R-2 : Mr.A.Albert James Government Advocate (Crl.side)