Extracted from the PDF above. The PDF is authoritative.
W.P.No.18850 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.05.2025
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.18850 of 2025 J.Keerthi Rajan .. Petitioner Vs.
1. The Regional Transport Officer Cuddalore, Cuddalore District.
2. The Inspector of Police Cuddalore NT, Cuddalore District. .. Respondents Prayer: Petition filed under Article 227 of the Constitution of India, directing the first respondent to return the petitioner's original driving license bearing Number TN 46 20050002037 of the petitioner to him forthwith. For the Petitioner : Mr.A.Balaji For the Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader for R1 Mr.L.Baskar Government Advocate (Crl. Side) for R2
ORDER Heard both sides. https://www.mhc.tn.gov.in/judis
W.P.No.18850 of 2025
2. The petitioner is working as driver in TNSTC. His vehicle was involved in a fatal accident. In this regard, Crime No.173/2025 was registered by the second respondent Police Station. The Criminal Court is yet to pronounce its verdict. In the meanwhile, the respondent has seized the petitioner's original license.
3. It has been held by the Hon'ble Division Bench in a decision reported in 2010 WLR 100 (P.Sethuram Vs. the Licensing Authority, Regional Transport Officer, Dindigul) that it is only the Competent Criminal Court that can impound the petitioner's driving license and that it is not open to the respondents herein to do so. Of-course, the petitioner's guilt has to be established before the Competent Criminal Court before the petitioner's driving license can be impounded.
4. The said decision is squarely applicable to the case on hand. The first respondent is directed to return the petition mentioned original driving license to the petitioner immediately and without any delay. https://www.mhc.tn.gov.in/judis
W.P.No.18850 of 2025
5. The writ petition, as such, stands allowed. There shall be no
order as to costs. 22.05.2025 Speaking Order/Non-Speaking Order Neutral Citation:Yes/No Index: Yes/No drm/jeni To:
1. The Regional Transport Officer Cuddalore, Cuddalore District.
2. The Inspector of Police Cuddalore NT, Cuddalore District. https://www.mhc.tn.gov.in/judis
W.P.No.18850 of 2025 G.R.SWAMINATHAN
, J.
(drm/jeni) W.P.No.18850 of 2025 22.05.2025 https://www.mhc.tn.gov.in/judis