Citation : 2026 Latest Caselaw 436 Mad
Judgement Date : 17 February, 2026
WP(MD). No.4362 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.4362 of 2026
P.Sanjeevi ... Petitioner
Vs
1. The Regional Transport Officer,(R.T.O),
Regional Transport Office,
Thuraiyur,
Tiruchirappalli District..
2. The Inspector of Police,
Thuraiyur Police Station,
Thuraiyur,
Tiruchirappalli District..
3. The General Manager,
Tamilnadu State Transport Corporation (Kumba) Ltd,
Periyamilaguparai,
Trichy Region,
Tiruchirappalli 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
respondents 1 and 2 to return the petitioners original Driving Licence
bearing No. TN4820020000931 forthwith.
For Petitioners : Mr.N.Sudhagar Nagaraj
For Respondents : Mr.K.Balasubramani for R1
Spl. Government Pleader
1/6
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WP(MD). No.4362 of 2026
Mr.A.Albert James for R2
Government Advocate (Crl. Side)
Mr.K.Ramaiah for R3
ORDER
This writ petition has been filed for a mandamus directing the 1
and 2 to return the petitioner's original Driving Licence bearing No.
TN4820020000931 forthwith.
2. Heard the learned counsel for the petitioner, the learned Special
Government Pleader, the learned Government Advocate and the learned
counsel 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 Limited and the vehicle driven by the petitioner met with an
accident on 31.12.2025. Hence, an FIR was registered at Thuraiyur
Police Station in Crime No.2 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
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representation to the respondents 1 and 2 on 05.01.2026 seeking return of
the driving license, the said representation has not been considered till
date. Hence, the petitioner has approached this Court.
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
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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 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 05.01.2026 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
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To
1. The Regional Transport Officer,(R.T.O), Regional Transport Office, Thuraiyur, Tiruchirappalli District..
2. The Inspector of Police, Thuraiyur Police Station, Thuraiyur, Tiruchirappalli District..
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KRISHNAN RAMASAMY, J
RR
ORDER IN
Date : 17.02.2026
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