JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to forthwith return the petitioner's original driving license No.TN07Z19910000061 in the light of the order in W.P. No. 22578 of 2021 dated 22.10.2021 following the judgment reported in 2010 WLR 100 and in the light of the representation made by the petitioner on 03.12.2021.

1. The prayer sought for herein is for a Writ of Mandamus directing the respondents to forthwith return the petitioner's original driving license No.TN07Z19910000061 in the light of the order in W.P. No. 22578 of 2021 dated 22.10.2021 following the judgment reported in 2010 WLR 100 and in the light of the representation made by the petitioner on 03.12.2021.

2. The case of the petitioner is that, the petitioner was working as a Driver at the Metropolitan Transport Corporation Limited in Thiruvanmaiyur Branch from 2007 onwards.

3. The petitioner while in duty, on 28.10.2021 was driving the vehicle with Registration No.TN 01 8718 between Thiruvanmaiyur and Tambaram and it met with an accident, due to which, a two wheeler rider died and therefore, it has become a fatal accident.

4. The said issue since was reported to the Police, they registered an FIR at Chrompet Police Station in FIR No.308 of 2021 dated 28.10.2021 for the alleged offences punishable under Sections 279 and 304(A) of IPC.

5. Also the Police had seized the driving license of the petitioner and handed over to the respondent Regional Transport Officer.

6. In the criminal case, the investigation is yet to be completed. However, insofar as the driving license seized by the Police handed over to the Regional Transport Officer is concerned, the Regional Transport Officer has not conducted any enquiry however, he has retained the same without returning the driving license to the petitioner, which according to the petitioner is unlawful and unjustifiable, as such kind of retention of the driving license without authority of law is impermissible.

7. On these grounds, the present Writ Petition has been filed to issue a mandamus to the respondents to return back the driving license of the petitioner by considering his representation dated 03.12.2021. Therefore, the present Writ Petition has been filed with the aforesaid prayer.

8. Heard Mr.V.Vijay Shankar, learned counsel appearing for the petitioner who would submit that, the accident taken place on 28.10.2021 and on the same day, the driving license of the petitioner was seized and handed over to the Regional Transport Officer concerned, i.e., respondent herein. Without conducting any enquiry under Section 19 of the Motor Vehicles Act, 1988, since the respondents has retained the driving license of the petitioner which is impermissible or unlawful. Therefore, the petitioner is entitled for a direction by way of mandamus. Hence, the learned counsel seeks indulgence of this Court to issue a direction to the respondents to hand over the driving license to the petitioner pending decision to be taken in any enquiry to be contemplated in this regard by the respondents or pending decision of the criminal case, where the investigation is yet to be completed.

9. However, Mr.V.Manoharan, learned Additional Government Pleader appearing for the respondents would submit that, insofar as the power of the Regional Transport Officer to conduct an enquiry under Section 19 of the Act is concerned, which is altogether a different issue which is no way connected with the criminal case pending against the petitioner and in this regard, the Regional Transport Officer can issue a show cause notice to the petitioner and after getting a reply and if need arises, after giving an opportunity of being heard to the petitioner, an enquiry can be completed and final order shall be passed under Section 19 of the Motor Vehicles Act by the respondent Regional Transport Officer and once such an order is passed depending upon the outcome of the o