JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the petitioner's original driving licence within a time limit that may be fixed by this Court.)

1. The prayer sought for herein is for a Writ of Mandamus, directing the respondent to return the petitioner's original driving licence within a time limit that may be fixed by this Court.

2. There had been a fatal accident on 07.07.2021 involved the bus bearing Registration No.TN 57 N 2012 driven by the petitioner at Paraipatti, in the afternoon between 03.15 p.m., and 03.30 p.m. Pursuant to the said fatal accident, it seems that a case has been registered by the concerned police and the driving licence of the petitioner has been seized by the police concerned and forwarded to the respondent, Regional Transport Officer, for further action under the provisions of the Motor Vehicles Act, 1988 [hereinafter referred to as “the Act” for short].

3. In pursuance of the same, the respondent issued a show cause notice on 19.07.2021 to the petitioner invoking the provision that is under Section 19 of the Act seeking show cause from the petitioner within a timeframe. Pursuant to the said show cause notice, the petitioner also had given reply on 20.07.2021. However, even after the reply given by the petitioner, it is the case of the petitioner that the respondent neither conducted enquiry and passed orders under Section 19 of the Act as initiated by them through the said show cause notice dated 19.07.2021, nor they have released or returned the driving licence in original of the petitioner seized and kept by the respondent. Therefore, the petitioner has approached this Court by filing the present writ petition.

4. Heard Mr.S.Arunachalam, learned counsel for the petitioner, who would submit that, if at all any proceedings is initiated under Section 19 of the Act by issuance of show cause notice and after getting reply from the person against whom the show cause notice is issued, enquiry should be conducted as to whether any violation had been taken place in this regard by the licence holder and accordingly, order should be passed. However, without conducting an enquiry and without concluding the Section 19 proceedings, the licence in original of the person concerned cannot be retained endlessly by the respondent and the respondent does not have this power. This has also been reiterated in a number of judgments of this Court. Therefore, relying upon those judgments, the learned counsel seeks indulgence of this Court to give a direction to the release of the driving licence of the petitioner by the respondent immediately.

5. I have heard the learned Government Advocate for the respondent, who would submit that, under Section 19 of the Act, the power of licensing authority to disqualify any person from holding a driving licence or revoke such licence, has been contemplated. In the said section, various circumstances have been mentioned, under which, the licence of the licence holder can be retained or suspended for sometime as a punishment to be awarded in this regard, after conducting enquiry. In this context, in order to have a limited enquiry and take a decision whether any violation has been taken place in this regard on the part of the petitioner/licence holder, the proceedings was initiated and show cause notice was issued, which is a pre-requisite to conduct an enquiry.

6. Pursuant to the show cause notice, the petitioner seems to have given a reply on 20.07.2021 and based on such reply, certainly the respondent would conduct a limited enquiry and pass order as to whether any violation has been committed by the petitioner or any offence has been committed by the petitioner and after ascertaining the same, final orders would be passed under Section 19 of the Act either to disqualify him from holding the licence or to revoke the licence or otherwise. If any such decision is taken, accordingly the licence