Madras High CourtWP(MD)/2429/2018allowed

V.Krishnamoorthy v. The Regional Transport Officer

2018-02-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2429 of 2018 V.Krishnamoorthy .. Petitioner Vs.

1.The Regional Transport Officer, Marthandam, Kanyakumari District.

2.The Sub-Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to release the petitioner Mini Bus in bearing Registration No. TN 74-E -7205 by considering the petitioner's representation dated 02.02.2018.

For petitioner : Mr.H.Velvadhas For respondents : Mr.M.Jeyakumaran Additional Government Pleader

O R D E R

Mr.M.Jeyakumaran, learned Additional Government Pleader takes notice for the respondents.

2. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner is a mini bus operator. The mini bus bearing Registration No. TN 74-E-7205 was detained on 02.02.2018, on the ground of an allegation that permit conditions have been violated. The mini bus is presently in the custody of the first respondent. No purpose will be served in continuing to keep the said mini bus in the custody of the respondents since it would lose its value on account of exposure in open space.

4. The respondents are directed to return the said mini bus bearing Registration No. TN 74-E-7205 to the writ petitioner forthwith.

5. The learned counsel appearing for the writ petitioner gives an undertaking on behalf of the writ petitioner that the said bus will not be alienated till the disposal of the enquiry that may https://hcservices.ecourts.gov.in/hcservices/

be initiated against him by the first respondent. It is further submitted that the writ petitioner would give his fullest cooperation for early conclusion of the enquiry that may be initiated by the first respondent.

6. With this direction, the Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The Regional Transport Officer, Marthandam, Kanyakumari District.

2.The Sub-Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

+1cc to M/S.H.Velvadhas, Advocate SR.No. 46685 ORDER MADE IN W.P.(MD)No.2429 of 2018 07.02.2018 kmi JM/SV/SAR 3/07.02.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/