Madras High Court
K.Pandi vs The Regional Transport Officer on 27 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD)No.5620 of 2026
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 27.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.5620 of 2026
K.Pandi ... Petitioner
Vs.
1.The Regional Transport Officer,
Unit Office,
Thirumangalam,
Transport Department,
Madurai District,
Tamil Nadu.
2.The Motor Vehicle Inspector,
Unit Office, Thirumangalam,
Transport Department,
Madurai District.
3.The Sub-Inspector of Police,
Vikkiramangalam Police Station,
Usilampatti Taluk,
Madurai District. ... Respondents
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W.P.(MD)No.5620 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus, calling
for the records relating to the impugned show cause notice in File
No.TN58Z/2026/237 dated 14.02.2026 issued by the first
respondent and quash the same and consequently direct the
respondents to forthwith return the petitioner's original Driving
Licence bearing DL No.TN-58-19970006162.
For Petitioner : Mr.S.Balamurugan
For Respondents 1 & 2 : Mr.C.Satheesh,
Government Advocate
For Respondent No.3 : Mr.A.Albert James,
Government Advocate [Crl. Side]
ORDER
This Writ Petition has been filed seeking to quash the
impugned show cause notice in File No.TN58Z/2026/237 dated
14.02.2026 issued by the first respondent and for a consequential
direction to the respondents to forthwith return the petitioner’s
original Driving Licence bearing DL No.TN-58-19970006162.
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W.P.(MD)No.5620 of 2026
2.It is the case of the petitioner that he is working as a Driver
in the Tamil Nadu State Transport Corporation (Madurai) Limited.
The original driving licence of the petitioner was seized by the third
respondent alleging that the bus bearing Registration No.TN 58 N
2176, driven by the petitioner on 24.01.2026, was involved in a
fatal accident resulting in the death of a passenger, pursuant to
which an FIR was registered in Crime No.18 of 2026, and
thereafter, his driving licence was handed over to the first
respondent. In this regard, the petitioner submitted a
representation to the respondents, however, the first respondent
had issued a show cause notice dated 14.02.2026. Aggrieved by the
same, the petitioner has approached this Court by filing the present
Writ Petition.
3.Under similar circumstances, in the case of K.Perumal vs.
the Regional Transport Officer, Virudhunagar (W.P.(MD) No.
9605 of 2022, dated 12.05.2022), this Court has observed as
follows:
“7.This Court perused the Motor Vehicles Act
and unable to get anything of the power of the
respondents to impound the driving licence. On the3/12
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W.P.(MD)No.5620 of 2026other hand, the first respondent has the power to
cancel the license, under certain circumstances. In
the present case, not even a show cause notice was
issued to the petitioner. Without issuing any show
cause notice to the petitioner, the driving licence
was seized on 02.04.2022 and till date retained by
the first respondent without any authority. At this
juncture, this Court would like to extract the
relevant portion of the judgment of the Hon’ble
Division Bench of this Court in W.A.(MD) No.176 of
2009 dealing with the powers of the authorities to
impound the driving licence as below:-
‘5.Therefore the question that falls for
consideration in this appeal is as to
whether the respondent has a power to
impound the driving licence of a person
involved in a road traffic accident.
6.Section 19(1) of the Motor Vehicles
Act, 1988, empowers the Licensing
Authority to disqualify a person for holding
or obtaining any driving licence for a
specified period or to revoke any such
licence. Similarly, a Court which convicts a
person for an offence under the Act, is
empowered by Section 20(1) to disqualify
such person from holding a driving licence
for a specific period. Section 21 makes a
driving licence become suspended, if the4/12
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W.P.(MD)No.5620 of 2026holder of the licence had been previously
convicted of an offence punishable under
Section 184 and a case had been registered
against him on the allegation of causing the
death or grievous injury to one or more
persons by dangerous driving. Section 22
empowers the Court to cancel or suspend
the driving licence, upon conviction of a
person for an offence under Section 184.
7.Obviously, Sections 20 and 22 are
not applicable to the case on hand, since
the action impugned in the writ petition did
not arise out of the disqualification ordered
by a Court. There is no allegation that the
appellant was previously convicted for an
offence under Section 184. Therefore,
Section 21 also has no application to the
case on hand Consequently, the only
provision to which the respondent could
restore to, is Section 19.
8.Section 19 of the Motor Vehicles
Act, 1988, reads as follows:-
“19.Power of licensing authority to
disqualify from holding a driving licence or
revoke such lince.
(1) If a licensing authority is satisfied, after
giving the holder of a driving licence an
opportunity of being heard, that he-
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W.P.(MD)No.5620 of 2026
(a) is a habitual criminal or a habitual
drunkard; or
(b) is a habitual addict to any narcotic drug
or psychotropic substance within the
meaning of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of
1985); or
(c) is using or has used a motor vehicle in
the commission of a cognizable offence; or
(d) has by his previous conduct as driver of
a motor vehicle shown that his driving is
likely to be attended with danger to the
public; or
(e) has obtained any driving licence or a
licence to drive a particular class or
description of motor vehicle by fraud or
misrepresentation; or
(f) has committed any such act which is
likely to cause nuisance or danger to the
public, as may be prescribed by the Central
Government, having regard to the objects
of this Act; or
(g) has failed to submit to, or has not
passed, the tests referred to in the proviso
to sub-section (3) of section 22; or (h) being
a person under the age of eighteen years
who has been granted a learner’s licence or
a driving licence with the consent in
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W.P.(MD)No.5620 of 2026
writing of the person having the care of the
holder of the licence and has ceased to be
in such care, it may, for reasons to be
recorded in writing, make an order- (i)
disqualifying that person for a specified
period for holding or obtaining any driving
licence to drive all or any classes or
descriptions of vehicles specified in the
licence; or
(ii) revoke any such licence.
(2) Where an order under sub-section (1) is
made, the holder of a driving licence shall
forthwith surrender his driving licence to
the licensing authority making the order, if
the driving licence has not already been
surrendered, and the licensing authority
shall,-
(a) if the driving licence is a driving licence
issued under this Act, keep it until the
disqualification has expired or has been
removed; or
(b) if it is not a driving licence issued under
this Act, endorse the disqualification upon
it and send it to the licensing authority by
which it was issued; or
(c) in the case of revocation of any licence,
endorse the revocation upon it and if it is
not the authority which issued the same,
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W.P.(MD)No.5620 of 2026
intimate the fact of revocation to the
authority which issued that licence:
Provided that where the driving licence of a
person authorises him to drive more than
one class or description of motor vehicles
and the order, made under sub-section (1),
disqualifies him from driving any specified
class or description of motor vehicles, the
licensing authority shall endorse the
disqualification upon the driving licence
and return the same to the holder.
(3) Any person aggrieved by an order
made by a licensing authority under sub-
section (1) may, within thirty days of the
receipt of the order, appeal to the
prescribed authority, and such appellate
authority shall give notice to the licensing
authority and hear either party if so
required by that party and may pass such
order as it thinks fit and an order passed by
any such appellate authority shall be final.”
9.A bare reading of Section 19(1)
shows that the Licensing Authority has the
power to revoke any licence or disqualify a
person for a specified period from holding
or obtaining a driving licence, if any of the
contingencies prescribed in Clauses (a) to
(h) of Sub Section (1) of Section 19 arises.
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W.P.(MD)No.5620 of 2026
Moreover, the power under Section 19(1)
can be invoked only after giving an
opportunity of being heard to the holder of
the licence and for reasons to be recorded
in writing.
10.But in the case on hand, the
licence of the appellant has been
impounded or retained by the respondent,
immediately after the accident on
18.3.2009. Admittedly, the show cause
notice was issued only on 28.4.2009.
Therefore, it is clear that the driving
licence was retained, both without an order
in writing and without affording an
opportunity of being heard to the appellant.
This is a clear violation of the provisions of
the statute and hence the order of the
learned Judge, dismissing the writ petition
deserves to be set aside.’
8.On a perusal of the above judgment would
reveal that the authorities have no power to
impound the driving licence, but they can take
action for cancellation of licence. But, in the
present case, without issuing any show cause
notice, the driving licence was impounded. In view
of the law settled by the Division Bench of this
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W.P.(MD)No.5620 of 2026
Court, this Court is of the view that without any
authority, the respondents cannot retain the driving
licence and they have to return the same to the
petitioner. Hence, this Court directs the
respondents to return the driving licence to the
petitioner on or before 18.05.2022.”
4.In view of the same, there is no provision under the Motor
Vehicles Act, 1988, to impound the driving licence. If such being
the case, the seizure of licence and keeping the same with the first
respondent is not in accordance with law and the issue was also
decided, thus said issue is no longer res integra. Hence, the first
respondent is directed to hand over the licence of the petitioner
within a period of one [1] week from the date of receipt of a copy
of this order.
5.Accordingly, this Writ Petition is disposed of. There shall be
no order as to costs.
27.02.2026
Index: Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
MR
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W.P.(MD)No.5620 of 2026
To
1.The Regional Transport Officer,
Unit Office,
Thirumangalam,
Transport Department,
Madurai District,
Tamil Nadu.
2.The Motor Vehicle Inspector,
Unit Office, Thirumangalam,
Transport Department,
Madurai District.
3.The Sub-Inspector of Police,
Vikkiramangalam Police Station,
Usilampatti Taluk,
Madurai District.
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W.P.(MD)No.5620 of 2026
KRISHNAN RAMASAMY, J.
MR
W.P.(MD)No.5620 of 2026
27.02.2026
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