[Cites 1, Cited by 0]
Madras High Court
S.Rajesh vs The Regional Transport Officer on 17 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
WP(MD). No.4296 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 17/02/2026
CORAM
The Hon`ble Mr.Justice KRISHNAN RAMASAMY
WP(MD). No.4296 of 2026
S.Rajesh ... Petitioner
Vs
1. The Regional Transport Officer,
Lalgudi,
Trichy District..
2. The Inspector of Police,
Jeeyapuram,
Trichy District.. ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus, directing the 1st
respondent to return the original driving licence No.TN 48 20060004354
of the petitioner to him forthwith.
For Petitioners : Mr.A.Balaji
For Respondents : Mr.K.Balasubramani for R1
Spl. Government Pleader
Mr.A.Albert James for R2
Government Advocate (Crl. side)
ORDER
This writ petition has been filed for a mandamus directing the 1st
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respondent to return the original driving licence No.TN 48 20060004354
of the petitioner to him forthwith.
2. Heard the learned counsel for the petitioner and the learned
Special Government Pleader and the learned Government Advocate for
the respondents. By consent of both sides, the writ petition itself is taken
up for final disposal at the stage of admission itself.
3.The petitioner is the Driver of the Tamil Nadu State Transport
Corporation (Kumbakonam) Limited and the vehicle driven by the
petitioner met with an accident on 27.01.2025. Hence, an FIR was
registered at Siruganur Police Station in Crime No.40 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 10.02.2026
seeking return of the driving license, the said representation has not been
considered till date. Hence, the petitioner has approached this Court.
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4.The learned counsel for the petitioner submitted that there is no
provision under law to seize and retain the petitioner's driving license
either the first respondent or the second respondent. Unless the driving
license is returned, the petitioner's livelihood will be adversely affected.
5.The learned Special Government Pleader 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.
6.I have heard the submissions on either side and perused the
materials available on record.
7.Considering 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
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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 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 10.02.2026 within a period of one
week from the date of receipt of a copy of this order.
8.With the above direction, this Writ Petition is disposed of.
No costs.
17.02.2026
NCC : Yes/No
Index : Yes/No
RR
To
1. The Regional Transport Officer,
Lalgudi, Trichy District..
2. The Inspector of Police,
Jeeyapuram, Trichy District..
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KRISHNAN RAMASAMY, J
RR
ORDER
IN
Date : 17.02.2026
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