Mohammed Abdul Fraheem v. The Transport Commissioner,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.24240 of 2009 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to direct the respondents to inquire into the matter by considering the material evidence i.e. document of the vehicle filed by the petitioner in support of the explanation. The case of the petitioner is that he is the owner of vehicle i.e. TATA Magic bearing No.AP 28 TV 0238 and the said vehicle was seized by the 3rd respondent since the same was involved in an accident in which a pedestrian sustained bleeding injuries. The 3rd respondent seized the vehicle and handed over the same to the 1st respondent. The 1st respondent registered a case under the provision of the Motor Vehicles Act, since the driver violated the provisions of the Act.

The main grievance of the petitioner is that without considering the facts and without properly inquiring into the matter, the 3rd respondent seized the vehicle and handed it over to the 1st respondent, and the 1st respondent, without considering the explanation submitted by the driver and also the documents produced by him, seized the vehicle. When the matter is taken up for hearing, it is informed by the learned counsel for the respondents that the vehicle was released in favour of the petitioner as per the interim order passed by this Court on 16.11.2009 and that if the petitioner has any grievance with regard to disposal of the vehicle, he can approach the authorities concerned.

petition is disposed of. It is left open to the petitioner to approach the authorities concerned regarding disposal of vehicle. No order as to costs. Miscellaneous Petitions, pending if any, shall stand closed.

______________ RAJA ELANGO, J September 08, 2017 KTL