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Madras High CourtWP/25836/2024disposed of

D.Pattu v. The Regional Transport Officer,

2024-09-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Pattu ..Petitioner -Vs1.The Regional Transport Officer, Regional Transport Office, Poonamallee, Chennai - 600 056.

2.The Motor Vehicle Inspector, Gr-1, Regional Transport Office, Poonamallee (Enforcement) Poonamallee, Chennai - 600 071.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to release the petitioner's Ashok leyland Omni Bus bearing registration number AR-06-B-4695 which was seized by the 2nd respondent on 20.10.2023.

For Petitioner : Mr.M.Rebecca For Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

This Writ Petition has been filed for a direction, directing the first respondent to release the petitioner's Ashok Leyland Omni Bus bearing Registration No.AR-06-B-4695, which was seized by the second respondent on 20.10.2023.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is running a travel agency in the name and style of "Jerome Travels". The petitioner had purchased the Ashok Leyland Omni Bus bearing Registration No.AR-06-B-4695 from one Selvaraj on 21.08.2023. However, the ownership of the RC Book was in the name of the petitioner. The said Selvaraj entered into an agreement for sale. That apart, the Chassis number of the bus differs from the RC Book. Therefore, on suspicion, the bus was seized by the second respondent and it is lying in the custody of the first respondent. Thereafter, the petitioner submitted a representation to release the vehicle.

4. The learned Special Government Pleader appearing for the respondents would submit that the petitioner is not the owner of the vehicle. However, the Chassis number also differs from the RC Book. He further submitted that if the original owner comes with all original documents, the bus will be released.

5. In view the above submission, the first respondent is directed to release the vehicle bearing Registration No.AR-06-B-4695 in favour of the original owner, if he produce all original documents in order to prove the ownership of the bus along with all required documents.

6. With the above direction, this writ petition stands disposed of. No costs.

04.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp

G.K.ILANTHIRAIYAN. J, Lpp To 1.The Regional Transport Officer, Regional Transport Office, Poonamallee, Chennai - 600 056.

2.The Motor Vehicle Inspector, Gr-1, Regional Transport Office, Poonamallee (Enforcement) Poonamallee, Chennai - 600 071.

04.09.2024