[Cites 1, Cited by 0]
Madras High Court
M. Parthiban vs The Regional Transport Officer on 23 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
WP(MD). No.4964 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 23.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
WP(MD). No.4964 of 2026
M. Parthiban ... Petitioner
Vs
1. The Regional Transport Officer,
Regional Transport Office,
Aravind Vaniga Valagam,
Dindigul Road, Palani - 624 601.
Dindigul District..
2. The Motor Vehicle Inspector,
Unit Office - Oddanchatram,
485/F/8, Kairasi Nagar,
Backside of Petrol Bunk,
Palani Main Road,
Oddanchatram, Dindigul District..
3. The Inspector of Police,
Oddanchatram Police Station,
Oddanchatram, Dindigul 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 petitioners original Driving Licence bearing
No.TN57W20130003323 to the petitioner forthwith.
1/6
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WP(MD). No.4964 of 2026
For Petitioner : Mr.S.Prasanth
For R-1 & R-2 : Mr.S.Shanmugavel,
Addl. Govt. Pleader for R1 & R2
For R-3 : Mr.A.Albert James
Government Advocate (Crl.side)
ORDER
This Writ Petition has been filed seeking a direction to the
first respondent to forthwith return the petitioner's Driving License
No.TN57W20130003323 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 16.01.2026. Hence, an FIR was
registered at Oddanchatram Police Station in Crime No.27 of 2026 and
the third respondent seized the petitioner's driving license and handed
over the same to the first respondent. The respondents, without any
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authority, have impounded the driving license of the petitioner. Though
the petitioner has made a representation to the first respondent on
03.02.2026 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 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 Additional Government Pleader appearing
for the respondents 1 and 2 and the learned Government Advocate
(Crl.side) appearing for the third 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.
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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 respondents 1 and 2 nor the third 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 03.02.2026 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.
23.02.2026
Index : Yes/No
Neutral Citation: Yes/No
vsm
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TO
1. The Regional Transport Officer,
Regional Transport Office,
Aravind Vaniga Valagam,
Dindigul Road,
Palani - 624 601.
Dindigul District..
2. The Motor Vehicle Inspector,
Unit Office - Oddanchatram,
485/F/8, Kairasi Nagar,
Backside of Petrol Bunk,
Palani Main Road,
Oddanchatram,
Dindigul District..
3. The Inspector of Police,
Oddanchatram Police Station,
Oddanchatram, Dindigul District..
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KRISHNAN RAMASAMY, J.
VSM
Date : 23.02.2026
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