JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to return the driving licence of the petitioner bearing DL No.TN 58 19970003907 forthwith.

1. The prayer sought for herein is for a Writ of Mandamus, directing the respondent to return the driving licence of the petitioner bearing DL No.TN 58 19970003907 forthwith.)

2. The case of the petitioner is that, the petitioner is working as a driver at Tamil Nadu State Transport Corporation (Madurai) Limited. As such, while he was on duty and driving the bus with registration No. TN 57 N 1360 in the route between Thirumangalam and Vagaikulam, on 25.08.2021, at about 12.25 PM at Amman Nagar bus stop, when the vehicle was moving from the said bus stop, it met with an accident with a two wheeler, result of which, the person who rode the two wheeler died. Therefore, it became a fatal accident. Pursuant to which, a case has been registered by the Sindupatty Police Station in Cr.No.207 of 2021 dated 25.08.2021 and a case has been registered for the alleged offence punishable under Sections 279, 304(A) IPC and the investigation is pending.

3. Pursuant to the said incident and the case, concerned police, after seizing the driving licence of the petitioner handed over the same to the respondent, that is Regional Transport Officer, Thirumangalam.

4. After the licence was seized and handed over to the respondent, the respondent has kept the driving licence without showing any progress and no enquiry has been conducted and the driving licence of the petitioner has also not been returned back to him. Therefore, in order to get back the driving licence of the petitioner, the petitioner has given a representation to the respondent on 02.09.2021 and the same since has not been considered by the respondent, he has approached this Court by filing the present writ petition.

5. Heard Mr.D.Ghandiraj, learned Government Advocate appearing for the respondent, who would submit that, as per the procedure established under Section 19 of the Motor Vehicles Act, 1988, an enquiry has to be conducted by the respondent, for which, a show cause notice would be issued shortly and after receipt of reply from the petitioner, the enquiry would be completed at the earliest possible time and depending upon the outcome of the enquiry, the decision as to whether the licence can be returned back or cancelled or suspended would be taken.

6. I have considered the said submissions made by the learned Government Advocate appearing for the respondent.

7. This Court has considered a number of cases of this nature almost everyday and in one such case in W.P.(MD)No.13365 of 2021 dated 04.08.2021 in the matter of R.Karuppanan vs. The Regional Transport Officer, the Regional Transport Office, Dindigul, in a similar situation, I have passed a detailed order which reads thus:

“8. In respect of these kind of controversy, a number of orders had been passed by this Court where the law had been held that, without having resorted to a limited enquiry to be conducted in this regard and to come to a conclusion that the licence holder has committed any offence or violated any provisions of the Act as well as the rules made thereunder, the licence cannot be retained or revoked or the holder of the licence cannot be disqualified. 9. In this context, Section 19 of the Motor Vehicles Act reads thus:

“19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence . - (1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he –

(a) is a habitual criminal or a habitual drunkard ; or

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ; or

(c) is using or has used a motor vehicle in the commission of a cognizable offence ; or

(d) has by his previous conduct as driver of a motor v