V.Rajasekar v. The Transport Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 3/3/2023 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR V.Rajasekar ...
Petitioner Vs
1. The Transport Commissioner Home (Transport) Department Government of Tamil Nadu Ezhilagam, II Floor, Chepauk Chennai 600 005.
2. The Regional Transport Officer Regional Transport Office Namakkal South Namakkal District.
3. The Motor Vehicles Inspector Gr.I Regional Transport Office Namakkal South Namakkal District.
...
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 2 and 3 to release the Car "TOYATO INNOVA CRYSTA 2.4 V" bearing Registration No.TN-99-J-2348 to the petitioner which has been seized on 28/9/2022 and keeping under the custody of the second respondent. Page No:1/6
For Petitioner ...
Mr.C.Kulanthaivel For respondents ...
Mrs.R.Anitha Special Government Pleader - - - - - -
O R D E R
This writ petition has been filed to direct the respondents 2 and 3 to release the Car "TOYATO INNOVA CRYSTA 2.4 V" bearing Registration No.TN-99-J-2348 to the petitioner which has been seized on 28/9/2022 and keeping under the custody of the second respondent.
2. The case of the petitioner is that he has purchased a car viz., "TOYATO INNOVA CRYSTA 2.4 V" bearing Registration No.TN-99-J2348 from its first owner through a broker and transferred the ownership into the name of the petitioner with R.T.O at Namakkal South, on 27/4/2021. R.T.O at Namakkal South, transferred the ownership in the name of the petitioner after verifying the valid registration and other payment of tax particulars manually and also from the on-line Government website maintained by the Department of Home (Transport), Government of Tamil Nadu.
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3. However, third respondent, on 28/9/2022, seized the vehicle of the petitioner, on the ground of payment of life tax and original registration of the vehicle and informed that vehicle will be released after written orders from the second respondent.
4. Hence, the petitioner had submitted a representation, dated 7/2/2023 before the second respondent and also undertaken to pay any other fees. Since there was no response, the petitioner has come forward with the present writ petition praying for the relief as stated therein.
5. Heard Mr.C.Kulanthaivel, learned counsel for the petitioner.
6. Mrs.R.Anitha, learned Special Government Pleader takes notice for the respondents.
7. By consent, the writ petition is taken up for final disposal.
8. Perused the materials available on record. Page No:3/6
9. It is not disputed that the petitioner is the subsequent purchaser of the aforesaid vehicle. Keeping the vehicle in the custody of the respondents will diminish the value of the vehicle and since there is every chance of the vehicle being exposed to nature, the petitioner shall file an affidavit before the concerned respondent authority/second respondent to the effect that in the event of release of the vehicle, the petitioner will not ply the vehicle on road till the matter is finally decided and on filing such an affidavit, second respondent is directed to release the vehicle of the petitioner. It is also made it clear that the petitioner shall not alienate/transfer/modify the nature of the vehicle during the pendency of the proceedings initiated by the Regional Transport Officer.
10. With the aforesaid direction, this writ petition is disposed of. No costs.
3/3/2023 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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To
1. The Transport Commissioner Home (Transport) Department Government of Tamil Nadu Ezhilagam, II Floor, Chepauk Chennai 600 005.
2. The Regional Transport Officer Regional Transport Office Namakkal South Namakkal District.
3. The Motor Vehicles Inspector Gr.I Regional Transport Office Namakkal South Namakkal District.
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N. SATHISH KUMAR, J mvs.
W.P.No.6613 of 2023 3/3/2023 Page No:6/6