R.Senthilvel v. The Motor Vehicles Inspector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.3195 of 2023 R. Senthilvel ...

Petitioner Vs.

1.The Motor Vehicles Inspector, Grade I, Unit Office, Kankeyam, Tirupur District.

2.The Regional Transport Officer, Tirupur South.

...

Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to release the petitioners contract carriage bus PY-01/CG-5099 seized by the first respondent now in the custody of the first respondent forthwith. For Petitioner :

K.Hariharan For Respondents :

Mr.R.Anitha, Special Government Pleader 1/5

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to release the petitioner's contract carriage bus PY01/CG-5099 seized by the first respondent now in the custody of the first respondent forthwith.

2.It is the case of the petitioner that the petitioner is a tour bus operator in Tamil Nadu and Pondicherry. On 04.04.2022, the first respondent checked the petitioner's bus and seized the same on the ground that the original records of the bus was not available for check and engine and chassis numbers did not match with the registration number of the bus. The petitioner therefore submitted a representation dated 16.11.2022 to the second respondent to release the bus, but it was not considered till date. Hence, this Writ Petition has been filed before this Court.

3. The learned Special Government Pleader submitted that the Respondents will consider the representation of the petitioner dated 16.11.2022 after verifying all the original documents and pass orders as per law within a week's time.

4. The only ground raised before this Court is that after the vehicle has been 2/5

left to the service, the number plate of the vehicle has been fixed wrongly. When the vehicle was on a tour, the first respondent checked the vehicle and seized the vehicle. Despite all the records have been produced the vehicle was not released till date.

5. In these circumstances, this Court directs the second respondent to release the petitioner's vehicle, bearing Registration No.PY-01/CG-5099, after verification of all the relevant documents produced by the petitioner within a period of one week from the date of receipt of copy of the Order.

6. With the above observations, the Writ Petition is disposed of. No costs. 06.02.2023 Index :Yes/No Speaking Order / Non-Speaking Order mps Note to Office:

Issue order copy on 13.02.2023 To 1.The Motor Vehicles Inspector, Grade I, Unit Office, Kankeyam, Tirupur District.

2.The Regional Transport Officer, 3/5

Tirupur South.

4/5

N. SATHISH KUMAR, J.

mps and W.M.P.No.3195 of 2023 06.02.2023 5/5