N.O.Tamilarasu Vs Inspector of Police

Writ Petition filed under Article 226 of Constitution of India, seeking to issue a Writ of Mandamus, directing the 2nd respondent herein to return the original driving license (DL No. TN36Z 20050000335) to the petitioner forthwith and thus render justice.

¶14

For Petitioner(s): K.Hariharan H.Vallabh Narayan

¶15

For Respondent(s):

¶16

ORDER

¶17

This Writ Petition has been filed seeking a direction to the 2nd respondent herein to return the original driving license (DL No. TN36Z

¶18

Page1 of 4

¶19

https://www.mhc.tn.gov.in/judis

¶20

WP No. 21977 of 2026

¶21

20050000335) to the petitioner forthwith and thus render justice.

¶22

Heard the learned counsel appearing on either side. With the consent of

¶23

both sides, the Writ Petition is taken up for hearing at the admission stage itself.

¶24

The learned counsel for the petitioner submitted that the petitioner is a driver in Metropolitan Transport Corporation and a case was registered against him under Sections 106(1) & 281 of BNS in Cr.No.0157 of 2026 for a fatal accident, for which the driving license of the petitioner was seized by the first respondent and the same was sent to the second respondent. He further submitted that as per the decision of the Hon’ble Division Bench of this Court in the case of P.Sethuraman Vs. RTO, Dindigul reported in 2010 WLR Page 100, wherein it has held that in fatal accident cases, unless the criminal Court convicts the driver for rash and negligent driving, the transport authority cannot take seize the driving license. He added that pursuant to the seizure of the driving license by the respondents, he was not given duty by the Transport Corporation. He also submitted that there may be a direction to the second respondent to consider the case of the petitioner in the light of the aforesaid judgment of the Division Bench and in this regard, the petitioner has also made a representation dated 29.05.2026 to the second respondent and thus, he prayed for appropriate orders.

¶25

__________ Page2 of 4

¶26

https://www.mhc.tn.gov.in/judis

¶27

WP No. 21977 of 2026

¶28

Considering the facts and circumstances of the case and in the light of the judgment of the Hon’ble Division Bench as stated supra and also taking note of the submissions of the learned counsel for the petitioner, this Court directs the second respondent to consider the petitioner’s representation dated 29.05.2026 for return of his driving licence and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

¶29