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Madras High CourtWP/24764/2016disposed of

M.Shanmugam, v. The Motor Vehicle Inspector

2016-07-18Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.24764 of 2016 M.Shanmugam .. Petitioner

Versus

1.The Motor Vehicle Inspector, Grade-I, Regional Transport Office, Hosur, Krishnagiri District.

2.The Regional Transport Officer, Hosur, Krishnagiri District.

3.The Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the second respondent herein to release the petitioner's Tourist Maxi Cab bearing Registration No.TN-70-B 3783 which was seized by the first respondent and now in the custody of the third respondent. For Petitioner : Mr.A.Ganesan For Respondents : Mr.S.Diwakar Special Government Pleader

O R D E R

Heard Mr.A.Ganesan, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned learned Special Government Pleader, accepting notice on behalf of respondents. With the consent of the learned counsel on either side, the Writ Petition itself is taken up for final disposal.

2. The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus to direct the second respondent to release the petitioner's Tourist Maxi Cab bearing Registration No.TN-70-B 3783 which was seized by the first respondent and now in the custody of the third respondent.

3. The learned Special Government Pleader appearing for the respondents submitted that the vehicle has been detained as the https://hcservices.ecourts.gov.in/hcservices/

petitioner has not produced the relevant documents, as required to be produced under Section 207(2) of the Motor Vehicles Act.

4. The learned counsel for the petitioner submitted that the petitioner will produce the relevant documents before the Authority.

5. Accordingly, the second respondent is directed to receive the documents that will be produced by the petitioner and after due verification of the documents and if the petitioner is able to satisfy all the conditions, the second respondent shall obtain an affidavit of undertaking from the petitioner, not to operate the vehicle as a maxi cab and or not to violate any of the conditions of the Motor Vehicles Act and the Rules and thereafter, release the vehicle, after due verification of the documents, within a period of two weeks from the date on which, the petitioner satisfies all conditions.

6. With the above direction, the Writ Petition is disposed of. No costs.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar r n s To 1.The Motor Vehicle Inspector, Grade-I, Regional Transport Office, Hosur, Krishnagiri District.

2.The Regional Transport Officer, Hosur, Krishnagiri District.

3.The Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

+1 cc to the Government pleader SR.NO. 40648 +1 cc to MR.A.GANESAN ADVOCATE SR.NO. 40324 PA[CO] RD : 01/08/2016 https://hcservices.ecourts.gov.in/hcservices/