B.Murugesan vs The Regional Transport Officer
2026 Latest Caselaw 477 Mad

Madras High Court

B.Murugesan vs The Regional Transport Officer on 18 February, 2026

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                             W.P.(MD) No.4514 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 18.02.2026

                                                               CORAM

                        THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

                                                   W.P.(MD)No.4514 of 2026

                     B.Murugesan                                                               ... Petitioner

                                                                      Vs

                     1.The Regional Transport Officer,
                       The Regional Transport Office (South),
                       Madurai.

                     2.The Inspector of Police,
                       Traffic Investigation Wing Police Station -III,
                       Madurai City,
                       Madurai District.                                                       ... Respondent

                     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    driving   license       of     the     petitioner    bearing     D.L.No.
                     No.TN38-20050011601 forthwith.


                                        For Petitioner                  : Mr.S.Arunachalam

                                        For R-1                         : Mr.K.Balasubramani,
                                                                          Spl. Govt. Pleader

                                        For R-2                         : Mr.A.Albert James
                                                                          Government Advocate (Crl.side)



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                                                                                         W.P.(MD) No.4514 of 2026


                                                         ORDER

This Writ Petition has been filed seeking a direction to the

first respondent to forthwith return the petitioner's Driving License

bearing D.L.No. No.TN38-20050011601 to him.

2. By consent, this Writ Petition is taken up for final disposal

at the admission stage itself.

3. The 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 01.02.2026. Hence, an FIR was

registered at Traffic Investigation Wing Police Station-III in Crime No.10

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 05.02.2026 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 by 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. Heard both sides 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

respondent may cancel or suspend the driving license under certain

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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 05.02.2026 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.

18.02.2026

Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No

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To

1.The Regional Transport Officer, The Regional Transport Office (South), Madurai.

2.The Inspector of Police, Traffic Investigation Wing Police Station -III, Madurai City, Madurai District.

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KRISHNAN RAMASAMY, J.

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18.02.2026

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