G.Parameswari v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18820 of 2023 and WMP No.18053 of 2023 G.Parameswari ... Petitioner .Vs.

1.The Regional Transport Officer Villupuram.

2.The Motor Vehicle Inspector Grade I, Regional Transport Office Villupuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent herein to release the petitioner's contract carriage omni bus bearing registration number PY-01/DA-2889, forthwith.

For Petitioner Mr.K.Hariharan For Respondents Mr.Ayyathurai Government Advocate

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the 1st respondent to release the vehicle belonging to the petitioner which was impounded by the 1st respondent on 12.06.2023.

2.Heard Mr.K.Hariharan, learned counsel for the petitioner and Mr.Ayyathurai, learned Government Advocate appearing on behalf of the respondents. 3.The case of the petitioner is that he is holding a contract carriage for plying an omnibus having the registration number of Puducherry. According to the petitioner, he has a valid permit till 28.03.2028. The further case of the petitioner is that he also had a special permit to ply in Tamil Nadu from 08.06.2023 to 14.06.2023. 4.The petitioner had left his vehicle in a workshop for carrying out repairs at Villupuram. The vehicle was moved out of the workshop and it was intercepted by the 2nd respondent on 12.06.2023. The 2nd respondent was not satisfied with the documents that were produced by the petitioner, hence the vehicle was impounded by the 2nd respondent.

Thereafter, the petitioner had produced all the original records before the 1st respondent and inspite of the same, the vehicle has not been released till date. Aggrieved by the same, the present writ petition has been filed before this Court. 5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to call the petitioner for an enquiry and if the petitioner has to pay any fine or charges, the same shall be collected from the petitioner and thereafter the vehicle shall be released to the petitioner. The same will be done after the 1st respondent satisfies himself that there is no other violation committed by the petitioner.

6.This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

23.06.2023 KP Note: Issue order copy on 27.06.2023 Internet : Yes/No Index : Yes/No To 1.The Regional Transport Officer Villupuram.

2.The Motor Vehicle Inspector Grade I, Regional Transport Office Villupuram.

N.ANAND VENKATESH, J.

KP W.P.No.18820 of 2023 23.06.2023