T.Gopinath v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY Writ Petition No.5153 of 2016 and W.M.P.No.4522 of 2016 T.Gopinath ... Petitioner vs.

1 The Regional Transport Officer Chennai (West), Chennai 2 The Regional Transport Officer Chennai (Central), Chennai 3 The Motor Vehicles Inspector O/o. The Regional Transport Officer Chennai (Central), Chennai ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the 2nd respondent to release the Auto Rickshaw vehicle bearing Registration No.TN-09-BE-5404 to the petitioner which was impounded on 20.11.2015 and kept inside the premises of the depot of the Transport Corporation, Pallavan Depot, Pallavan Salai, Chennai.

For Petitioner :

Mr.S.Govindraman For Respondents :

Mr.M.S.Ramesh Additional Government Pleader

ORDER

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the second respondent to release the auto-rickshaw vehicle bearing Registration No.TN-09-BE-5404 to the petitioner, which was impounded on 20.11.2015 and kept inside the premises of the depot of the Transport Corporation, Pallavan Depot, Pallavan Salai, Chennai.

2.

It is the case of the petitioner that he is the holder of a contract carriage of auto-rickshaw permit in respect of the

vehicle bearing Registration No.TN-09-BE-5404 and permit was issued by the first respondent on 02.09.2010 and the permission was valid upto 16.08.2015. According to the petitioner, in the month of June 2015, he was laid up with illness and was undergoing medical treatment. On 20.11.2015, the petitioner had taken the vehicle out and the third respondent had intercepted the vehicle and prepared a check report and on the allegation the vehicle was impounded and kept inside the premises of the Depot of the Transport Corporation. According to the petitioner, the vehicle is kept in open air and exposed to rain and sun. In such circumstances, the petitioner has filed the Writ Petition.

3.

Mr.M.S.Ramesh, learned Additional Government Pleader appearing for the respondents submitted that the petitioner may be directed to approach the first respondent with relevant documents in original and get clearance from the first respondent that the vehicle shall be released and on producing the clearance certificate, necessary direction may be given to the respondents for the release of vehicle.

4.

This Court in similar circumstances in W.P.No.26328 to 26330 of 2015 by order dated 07.09.2015 has passed the following order:- "This Court considering the submissions made by the learned counsel on either side, by recording the submission made by the learned counsel for the petitioner that as directed by the authority, necessary compounding fee will be paid then and there, a direction is given to the authority concerned to pass appropriate orders with regard to compounding fee, within a period of four weeks from the date of receipt of a copy of this order. In the meanwhile, the vehicles in question shall be released forthwith on producing the documents relating to the ownership of the vehicles and on filing an undertaking that the petitioner will produce the vehicles in question before the respondents as and when called for and that he will not alienate the vehicles in question till the proceedings initiated are completed."

5.

Following the order passed by this Court in the said Writ Petitions, the respondents are at liberty to pass appropriate orders in accordance with law with regard to the compounding fee within a period of four weeks from the date of receipt of a copy of this order. In the mean while, the vehicle in question shall be released forthwith on producing the

documents relating to the ownership of the vehicle and filing an undertaking that the petitioner will produce the vehicle in question before the respondent as and when called for and he will not alienate the vehicle till the proceedings initiated are completed.

6.

With this observation, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

mra -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1 The Regional Transport Officer Chennai (West), Chennai 2 The Regional Transport Officer Chennai (Central), Chennai 3 The Motor Vehicles Inspector O/o. The Regional Transport Officer Chennai (Central), Chennai + 1 cc to Mr.S.Govindaraman, Advocate, SR 14471 + 1 cc to Govt.Pleader, High Court, Madras SR 14986 ev(co) prk11/3 Writ Petition No.5153 of 2016