Madras High Court
WP(MD)/30381/2026 of Palchamy A Vs The Regional Transport Offic on 23 October 2026
WP(MD) No. 30381 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
WP(MD) No. 30381 of 2026
CNR:{HCMD011529992026}
Palchamy A
S/o. Ayyanan,
5/427, South Street,
Kottaiyur Post,
Watrap Taluk,
Virudhunagar District.
..Petitioner(s)
Vs
1. The Regional Transport Officer
The Regional Transport Office,
Srivilliputhur,
Virudhunagar District.
2. The Inspector of Police
Koomapatty Police Station,
Koomapatty,
Virudhunagar District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to return the driving license of the petitioner bearing D.L.
No.TN 67 - Z19920000524 forthwith and thus render justice.
For Petitioner(s):
Mr.S.Arunachalam
For Respondent(s):
Mr.P.Sathish Kumar (R1)
Government Advocate
Mr.C.Christopher (R2)
Additional Public Prosecutor
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WP(MD) No. 30381 of 2026
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ORDER
Heard both sides.
2. The writ petitioner is employed as a driver in the Tamil Nadu State Transport Corporation (Madurai) Limited. On 11.10.2026, the bus driven by him met with a fatal accident, pursuant to which a case in crime No.165 of 2026 was registered by the second respondent. The petitioner is figuring as an accused. His driving licence has also been seized. The petitioner seeks the return of his driving licence.
3. The issue raised in the writ petition is squarely covered vide order dated 15.12.2025 made in W.P(MD)No.34734 of 2025. Paragraphs 13 and 14 of the said order read as follows: “13. Sub-Section 1-A of Section 19 of the Act opens with the word “where”. The word “where” has been defined in Oxford Advanced Learner's Dictionary as “in or to what place or situation” . Section 19 (1-A) of the Motor Vehicles Act should be construed as enabling the licensing authority to exercise his power only when the situation ie. where a license has been forwarded to him under subsection 4 of Section 206 is present. If such a __________
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WP(MD) No. 30381 of 2026 situation is absent, then the power cannot be exercised. It is a jurisdictional fact. If the jurisdictional fact is not satisfied, the power of disqualification cannot be exercised. Power under Section 19(1A) of the Act can be exercised only where the driving license has been forwarded under Section 206 (4) of the Act. Mere forwarding is not sufficient. It must also be shown that power under Section 206(4) was properly exercised. That would also form part of the jurisdictional fact to be established. Unless the aforesaid condition is satisfied, no adverse order can be passed under Section 19(1-A) of the Act.
14. Since I am satisfied that the jurisdictional fact is absent in this case, I direct the first respondent to forthwith return the petitioner's original driving license immediately. This writ petition stands allowed. No costs.”
4. The aforesaid decision applies to the case on hand. I direct the first respondent to forthwith return the petitioner’s original driving licence.
5. This Writ Petition stands allowed. No costs. 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS __________
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WP(MD) No. 30381 of 2026 To
1. The Regional Transport Officer The Regional Transport Office, Srivilliputhur, Virudhunagar District.
2. The Inspector of Police Koomapatty Police Station, Koomapatty, Virudhunagar District. __________
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WP(MD) No. 30381 of 2026 G.R.SWAMINATHAN, J. PS WP(MD) No. 30381 of 2026 23-10-2026 __________
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