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W.P.(MD) No.2033 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

W.P.(MD)No.2033 of 2026

A.Hakkim Raja ... Petitioner

Vs

1.The Regional Transport Officer,

The Regional Transport Office,

Prattiyur,

Trichy District.

2.The Inspector of Police,

Traffic Investigation Wing-South Police Station,

Trichy City,

Trichy. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the first respondent to

return the petitioner's driving license No.TN67-20090000238 forthwith.

For Petitioner : Mr.S.Arunachalam

For R-1 : Mrs.S.Jeyapriya,

Government Advocate

For R-2 : Mr.A.Albert James

Government Advocate (Crl.side)

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W.P.(MD) No.2033 of 2026

O R D E R

This Writ Petition has been filed seeking a direction to the

first respondent to forthwith return the petitioner's Driving License

No.TN67-20090000238 to him.

2. By consent, this Writ Petition is taken up for final disposal

at the admission stage itself.

3. The petitioner is a Driver of the Tamil Nadu State

Transport Corporation (Madurai) Limited and the vehicle driven by the

petitioner met with an accident on 02.01.2026. Hence, an FIR was

registered at Traffic Investigation Wing-South Police Station, Trichy in

Crime No.03 of 2026 and the second respondent seized the petitioner's

driving license and handed over the same to the first respondent. The

respondents, without any authority, have impounded the driving license

of the petitioner. Though the petitioner has made a representation to the

first respondent on 17.01.2026 seeking return of the driving license, the

said representation has not been considered till date. Hence, the

petitioner has approached this Court.

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W.P.(MD) No.2033 of 2026

4. The learned counsel for the petitioner submitted that there

is no provision under law to seize and retain the petitioner's driving

license by either the first respondent or the second respondent. Unless

the driving license is returned, the petitioner’s livelihood will be

adversely affected.

5. The learned Government Advocate appearing for the first

respondent and the learned Government Advocate (crl.side) appearing for

the second respondent strongly opposed for returning the driving license

stating that the petitioner drove the vehicle in a rash and negligent

manner, which resulted in the accident.

6. Heard both sides and perused the materials available on

record.

7. Considering the submission made by the learned counsel

appearing for the petitioner as well as the respondents, once an accident

has occurred, neither the first respondent nor the second respondent has

any power to collect the driving license and withhold the same. The first

respondent may cancel or suspend the driving license under certain

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W.P.(MD) No.2033 of 2026

circumstances prescribed under law and otherwise, there is no question

of retaining the driving license by either the first respondent or second

respondent. Hence, this Court is of the view that without any authority,

the respondents cannot retain the driving license and they are bound to

return the same to the petitioner. Accordingly, the first respondent is

directed to return the petitioner's driving license, taking into

consideration the representation of the petitioner dated 17.01.2026 within

a period of one week from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of.

No costs.

28.01.2026

Index : Yes/No

Internet: Yes/No

Neutral Citation: Yes/No

vsm

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W.P.(MD) No.2033 of 2026

To

1.The Regional Transport Officer,

The Regional Transport Office,

Prattiyur,

Trichy District.

2.The Inspector of Police,

Traffic Investigati

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