M.Radhakrishnan, v. The State Transport Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2024
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN M.Radhakrishnan ... Petitioner Vs.
1. The State Transport Authority, Transport Department, Ezhilagam, Chennai - 600 005
2. The Regional Transport Officer, Regional Transport Office, Dharmapuri District
3. The Motor Vehicle Inspector Grade- I Regional Transport Office, Palacode, Dharmapuri District
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 17.2.2023 in Proceedings No.16833/A1/2022 issued by the 2nd respondent and to quash the same and consequently to direct the 2nd respondent herein to release Hyndai Verna 1 6 VTVT SX LMV car bearing registration no.TN-22-CH-3653 to the petitioner forthwith based on the representation of the petitioner dated 31.01.2024.
For Petitioner : Mr.L.Ramanathan For Respondents : Mr.M.Venkateswaran Special Government Pleader 1/5
O R D E R
Heard Mr.L.Ramanathan, learned counsel appearing for the petitioner and Mr.M.Venkateswaran, learned Special Government Pleader appearing for the respondents. With the consent of both side, the Writ Petition itself is taken up for disposal.
2.The prayer sought for by the petitioner was considered by this Court in W.P.No.7322 of 2023 dated 20.04.2023 and this Court disposed of the said Writ Petition by issuing the following directions:- "a) The petitioner is directed to give an undertaking before the concerned RTO that the car will be kept in the residence and it will not be put to use at any point of time. b) The petitioner shall surrender the original RC Book and also the original insurance policy to the concerned RTO c) The petitioner shall attend the enquiry conducted by the RTO or any other authority and shall co-operate in providing the details as to the person from whom the car was purchased, the amount that was given etc., The petitioner is permitted to take back the car only on the strict compliance of this condition. d) The petitioner shall submit a monthly report before the concerned RTO reiterating that the vehicle has not been put to use and that the undertaking given at the time of taking custody of the car is strictly complied with.
e) The vehicles that have been fraudulently registered have been identified and the Registration Numbers are already 2/5
available with the authorities. Hence there shall be a direction to the 1st respondent to send the details of these vehicles to all the police stations through the Superintendent of Police / Commissioner of Police and the Traffic Police shall ensure that the vehicles which are yet to be seized are seized and handed over to the concerned RTO office. There shall be a perfect cooperation between the Transport Commissioner and the Police officials in this regard."
3.In the light of the above, this Writ Petition is disposed of on the same lines and the respondents would abide by the direction issued in the earlier case referred supra. No costs.
03.07.2024 Index:Yes/No Internet:Yes/No Speaking / Nonspeaking order ssd To
1. The Road Safety and Transport Commissioner, Ezhilagam, Chepauk, Chennai - 600 005
2. The Regional Transport Authority, Tiruppur North Region, Collectorate, Tiruppur
3. The Joint Transport Commissioner, Coimbatore Zone, Dr.Balasundaram Road, Coimbatore - 641 018 3/5
4. The Regional Transport Officer - Cum - Registering Authority, Tiruppur South, Tiruppur - 641605
5. The Regional Transport Officer - Cum - Registering Authority, Tiruppur North, Tiruppur - 641 603
6. The Regional Transport Officer, Bangalore Central, Bangalore 4/5
V.BHAVANI SUBBAROYAN J.
ssd 03.07.2024 5/5