Siddaiyan .M v. The Regional Transport Officer

O R D E R The present Writ Petition has been filed by the driver of the Tamil Nadu State Transport Corporation for a Mandamus to return the original driving licence that was seized by the second respondent and handed over to the first respondent.

¶2According to the petitioner, he was involved in a fatal accident on

19.04.2023 and his driving license was seized by the second respondent and the same was handed over to the RTO officials.

¶3According to the learned counsel appearing for the petitioner, a show cause notice has been issued to the petitioner on 03.05.2023 and the enquiry is yet to be concluded.

¶4In view of the order passed by the Hon'ble Division Bench of this Court in W.P(MD)No.176 of 2009, dated 22.06.2009 in the case of (S.Murugesan Vs.The Licensing Authority, the Regional Transport Officer, Trichy), the respondent/authority has no power to physically impound the driving license without conducting an enquiry and concluding the same as against the petitioner. Hence, the physical seizing or confiscating of the driving license by the second respondent and handing over to the first respondent is per se illegal.

¶5The Writ Petition stands allowed and the first respondent is directed to return the driving license to the writ petitioner on production of this order copy. This order will not prevent the first respondent from conducting an enquiry and on the basis of the enquiry report, he is at liberty to proceed further and impound the driving license. There shall be no order as to costs.

04.05.2023 Index : Yes / No Internet : Yes / No ebsi Note: Issue Order Copy on 04.05.2023 To

¶1The Regional Transport Officer, Srirengam, Trichy District.

¶2The Sub Inspector of Police, Traffic Investigation Wing (North) Police Station, Trichy District. R.VIJAYAKUMAR,J. ebsi W.P.(MD)No.11275 of 2023

04.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2023 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.11275 of 2023 M.Siddaiyan ... Petitioner -vs- 1. The Regional Transport Officer, Srirengam, Trichy District. 2. The Sub Inspector of Police, Traffic Investigation Wing (North) Police Station, Trichy District. .... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to return the original driving licence No.TN 46 19870001128 of the petitioner to him forthwith. For Petitioner : Mr.A.Balaji For Respondents : Mr.P.Subbaraj Special Government Pleader