[Cites 2, Cited by 0]
Madras High Court
H.Jafer Ali vs Inspector Of Police on 25 February, 2026
W.P.No.7643 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2026
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.No.7643 of 2026
H.Jafer Ali ... Petitioner
Vs.
1.Inspector of Police,
J-2, Adyar TIW, Besant Nagar,
Chennai-90.
2.The Licencing Authority cum Regional Transport Officer,
K.K.Nagar,
Chennai (West). ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, directing the 2 nd respondent herein to
retuurn the original driving licence (DL No.TN21X20000005118) to the
petitioner forthwith.
For Petitioner : Mr.K.Hariharan
For Respondents: Mr.T.Meganathan
Government Advocate (Crl.Side) [R1]
Mr.M.Shajahan,
Special Government Pleader [R2]
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 08:26:17 pm )
W.P.No.7643 of 2026
ORDER
The petitioner is an employee of the Metropolitan Transport
Corporation at Chennai. On 10.01.2026, his employer had called upon him to
drive the bus bearing Reg.No.TN-01-AN-1372 on the route between Guindy
to Broadway.
2. When the petitioner was approaching Nandanam area, a two
wheeler suddenly crossed the road which resulted in an accident. On account
of the said accident, the rider of the two wheeler fell down, suffered injuries
and passed away.
3. Taking note of the death, the 1st respondent registered an F.I.R in
Crime No.15 of 2026 invoking Sections 106, 134, 187 and 281 of the BNS,
2023.
4. The 1st respondent called upon the petitioner to produce his
Original Driving Licence. The petitioner handed over his original Driving
Licence to the 1st respondent. The 1st respondent forwarded the Driving
Licence to the 2nd respondent, calling upon him to take action in accordance
with the Motor Vehicles Act and Rules made thereunder.
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5. The 2nd respondent, on receipt of the Driving Licence from the 1st
respondent, has retained the same. The petitioner gave a representation on
19.01.2026 seeking return of the Driving Licence. As the same has not been
returned, the petitioner is before this Court.
6. The petitioner, relying upon a Division Bench Judgment of this
Court in P.Sethuram v. Licencing Authority, Regional Transport Officer,
Regional Transport Office, Dindigul, [2010 WLR 100] seeks return of
Licence, as the criminal proceedings against him have not ended in his
conviction.
7. I have heard Mr.K.Hariharan, learned counsel for the petitioner
and Mr.T.Meganathan, learned Government Advocate (Crl.Side) for the 1 st
respondent and Mr.M.Shajahan, learned Special Government Pleader for the
2nd respondent.
8. Mr.T.Meganathan states that on account of the accident
resulting in a fatality, the driving licence of the petitioner was seized and
handed over to the 2nd respondent to initiate appropriate proceedings.
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9. Mr.M.Shajahan states that the 2nd respondent is merely acting
upon the request of the 1st respondent, as it is a case of fatal accident, which
resulted in the death of the rider of the two wheeler.
10. I have carefully considered the submissions of both sides and
gone through the records.
11. The position of law has been settled by the judgment of this
Court in P.Sethuram v. Licencing Authority, Regional Transport Officer,
Regional Transport Office, Dindigul, [2010 WLR 100], where, the Division
Bench held that the driving licence of a person can be cancelled, only after
the criminal proceedings attain a finality. As on today, the case has not
reached that stage.
12. Mr.Meganathan states that the proceedings are still at the stage
of investigation. Hence, the aforesaid judgment will apply in full force to the
facts and circumstances of the case of petitioner. Hence, the 2 nd respondent is
not entitled to retain the driving licence to the petitioner. There shall be a
consequential direction to the 2nd respondent to return the Driving Licence to
the petitioner forthwith.
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13. Needless to state, in case, the criminal case ends in a
conviction, the 2nd respondent can initiate action in accordance with law.
14. With the above observations, this Writ Petition is disposed of.
No costs.
15. At this stage, Mr.M.Shajahan reports that the original Driving
Licence of the petitioner will be produced tomorrow (26.02.2026).
16. For reporting compliance, post the matter on 26.02.2026.
25.02.2026
ssn
To
1.Inspector of Police,
J-2, Adyar TIW, Besant Nagar,
Chennai-90.
2.The Licencing Authority-cum-Regional Transport Officer,
K.K.Nagar,
Chennai (West).
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 08:26:17 pm )
V.LAKSHMINARAYANAN, J.,
ssn
25.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 08:26:17 pm )
