JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to return the petitioner's driving license bearing D.L.No.TN-37-19950007202 forthwith.)

1. Prayer sought for herein is for a Writ of Mandamus, directing the respondents to return back the petitioner's driving license bearing D.L.No.TN-37- 19950007202 forthwith.

2. The petitioner was working as a driver at the Tamilnadu Government Transport Corporation at Covai Division. While so, when he was on duty on 16.08.2021, driving the bus of the Transport Corporation from Madurai to Coimbatore, in bus bearing Registration No.TN 38 N 3315, at about 8.25 p.m., near Vadippati at Ayyankottai Division, the bus met with an accident of a two wheeler, result of which, both the rider and the pillion rider of the two wheeler died.

3. In this regard, a case has been registered in F.I.R.No.367/21 at Vadipatti police station on 16.08.2021, against the petitioner for the offences punishable under Sections 279 and 304(A) of IPC, and the case is still pending.

4. Pursuant to the said accident as well as the registration of the case, the concerned police, that is, the second respondent herein, having seized the driving licence of the petitioner, handed over the same to the first respondent.

5. Therefore, the petitioner has given a representation on 23.08.2021 to the first respondent to return back the driving licence, pending disposal of the criminal case, which is pending before the second respondent and therefore, in order to consider the said representation, he has approached this Court by filing the present writ petition.

6. In fact similar issues are almost everyday is being dealt with by this Court, and on 04.08.2021, in W.P.(MD).No.13365 of 2021 in the matter of R.Karuppanan vs. The Regional Transport Officer, Dindigul, I have considered similar circumstances and passed the following order:

“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 vehicle shown that his driving is likely to be attended with danger to the public ; or

(e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation ; or

(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or

(g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22 ; or

(h) being a person under the age of eighteen years who has been granted a learner’s licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order –

(i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes o