JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to return his driving license bearing D.L.No. TN- 58-19980005687 forthwith.)

1. The prayer sought for herein is for a Writ of Mandamus, directing the respondents to return his driving license bearing D.L.No. TN- 58-19980005687, forthwith.

2. The petitioner is working as a Driver in the Tamil Nadu State Transport Corporation, Coimbatore. On 15.09.2021, when the petitioner was driving the bus bearing registration number TN 38 N 2921 between Pollachi and Palani, at V.K.Mills bus stop, after the vehicle moved towards eastern direction, it met with an accident, resultantly, a 70 year old person who was coming in the two-wheeler, died. The said incident has been registered by the second respondent police on the same day in FIR No.735/21, for the alleged offences punishable under Sections 279 and 304(A) of I.P.C. and the issue is under investigation.

3. Pursuant to the registration of the said case, the driving license of the petitioner was seized by the respondent Police and handed over to the first respondent. In order to get back the said driving license, the petitioner has given a representation on 20.09.2021, to the first respondent and in order to consider the said representation for getting back the driving license of the petitioner to issue a direction by way of Mandamus, the petitioner has approached this Court by filing this Writ Petition.

4. Heard Mr.S.Arunachalam, learned Counsel appearing for the petitioner, who having reiterated the above, would seek indulgence of this Court to issue a direction to the first respondent.

5. However, Mr.D.Ghandiraj, learned Government Advocate appearing for the respondents, on instructions, would submit that, the accident took place only on 15.09.2021 and pursuant to which the license was seized and handed over to the first respondent. Therefore, the first respondent has to issue a show cause notice to conduct an enquiry under Section 19 of the Motor Vehicles Act and after getting the reply from the petitioner and after hearing him, a decision would be taken as to whether the petitioner's driving license can be returned back to him or not and therefore, a reasonable time may be given to the first respondent to complete the enquiry and pass final orders.

6. I have considered a similar issue in number of cases and when one such case came up for hearing on 04.08.2021 in W.P.(MD)No.13365 of 2021, I have passed the following order:

“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 an