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Madras High CourtWP(MD)/4898/2019allowed

A.Murugaiah, v. The Regional Transport

2019-03-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4898 of 2019 A.Murugaiah ... Petitioner Vs 1.The Regional Transport Authority, Sankarankovil, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Inspector of Police, C.S.CID,Tirunelveli.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to return the original Registration Certificate pertaining to the Lorry bearing Reg.No.TN 30 R 4168 to enable the petitioner to get fitness certificate from the first respondent. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Sethuraman Secial Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner's vehicle was seized in connection with violation of the provisions of the Essential Commodities Act, 1955. Confiscation order has also been passed. The same was challenged before this Court. This Court dismissed the writ petition and relegated the petitioner to file an appeal before the jurisdictional Sessions Court. In the meanwhile the petitioner came to know that the fitness certificate has since expired. He wants the original RC Book back for renewing the fitness certificate.

3.The petitioner undertakes through his counsel that immediately after the fitness certificate is renewed he would return the RC Book to the second respondent. The petitioner further undertakes that he would complete the entire exercise of renewal within a period of two weeks.

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4.Recording this undertaking given by the petitioner, this Court directs the second respondent to return the original RC Book of the vehicle to the petitioner immediately and without any delay. 5.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) To 1.The Regional Transport Authority, Sankarankovil, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Inspector of Police, C.S.CID,Tirunelveli.

+1CC TO MR.T.LENIN KUMAR, Advocate Sr. No. 51029 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 51363 W.P.(MD)No.4898 of 2019 01.03.2019 TR (08.03.2019) 3P 6C https://hcservices.ecourts.gov.in/hcservices/