Madras High Court
A.Mayandi vs The Regional Transport Officer on 18 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD) No.4515 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.4515 of 2026
A.Mayandi ... Petitioner
Vs
1.The Regional Transport Officer,
The Regional Transport Office,
Tirunelveli.
2. The Motor Vehicle Inspector Grade-I,
Branch Office of the Motor Vehicle
Inspector, Ambasamudram,
Tirunelveli District.
3. The Inspector of Police,
Pathamadai Police Station,
Pathamadai, Tirunelveli District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to return
the driving license of the petitioner bearing D.L.No.
No.TN01-19901329646 forthwith.
For Petitioner : Mr.S.Arunachalam
For R-1 & R -2 : Mr.K.Balasubramani,
Spl. Govt. Pleader
For R-3 : Mr.A.Albert James
Govt. Advocate (Crl.side)
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W.P.(MD) No.4515 of 2026
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to forthwith return the petitioner's Driving License bearing D.L.No. No.TN01-19901329646 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 24.12.2025. Hence, an FIR was registered at Pathamadai Police Station in Crime No.254 of 2025 and the third 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 26.12.2025 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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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 Special Government Pleader appearing for the respondents 1 and 2 and the learned Government Advocate (Crl.side) appearing for the third 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 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/02/2026 03:28:26 pm ) W.P.(MD) No.4515 of 2026 circumstances prescribed under law and otherwise, there is no question of retaining the driving license by either the first respondent or third 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 respondents are directed to return the petitioner's driving license, taking into consideration the representation of the petitioner dated 26.12.2025 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.
18.02.2026 Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No vsm 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/02/2026 03:28:26 pm ) W.P.(MD) No.4515 of 2026 To
1.The Regional Transport Officer, The Regional Transport Office, Tirunelveli.
2. The Motor Vehicle Inspector Grade-I, Branch Office of the Motor Vehicle Inspector, Ambasamudram, Tirunelveli District.
3. The Inspector of Police, Pathamadai Police Station, Pathamadai, Tirunelveli District.
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