M/S. Solayappa Bus Lines v. The Regional Transport Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI M/s. Solayappa Bus Lines, Rep by its Partner V.R.Solayappan, S/o Veerappan, Having office at Plot No.460, Door No.21, Karpaga Nagar, Madurai - 625 007.
... Petitioner Vs 1.The Regional Transport Authority, O/o.District Collector, Pudukkottai District, Pudukkottai.
2.The Regional Transport Officer, O/o.Regional Transport Office, Pudukkottai District, Pudukkottai.
3.The Inspector of Police, Ponnamaravadhi Police Station, Ponnamaravadhi, Pudukkottai District.
Respondents 1/6
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents herein to release the petitioner's Stage Carriage, plying on the route Madurai to Koppanapatti (via - Chittampatti, Melur, Surakudi, Venthanpatti and Ponnamaravathi), covered by vehicle bearing Registration No.TN-63-AQ-1285, which was kept in 3rd respondent police station.
For Petitioner : Mr.T.Padmanabhan For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanidhi Government Advocate
O R D E R
The petitioner's vehicle bearing Registration No.TN 63AQ-1285 was seized by the Regional Transport Officer, Pudukottai/the second respondent on 03.03.2024 that at the time of inspection, the driver of the vehicle was not in possession of the required documents. The grievance of the petitioner is that though he is ready to produce the relevant/necessary documents, the respondents have not released the petitioner's vehicle. Therefore, the petitioner has approached this Court for a Mandamus, directing the 2/6
respondents to release the petitioner's vehicle immediately. 2.Mr.A.Baskaran, learned Additional Government Pleader takes notice for the respondents 1 & 2. Mr.Vaikkam Karunanidhi, learned Government Advocate takes notice for the third respondent. Both the counsel have raised their objections that at the time of inspection, the petitioner has not produced the required documents and stringent conditions may be imposed on the petitioner, if this Court orders for release of vehicle. 3.This Court considered the rival submissions made and also perused the materials placed on record.
4. The petitioner's vehicle bearing Registration No.TN 63-AQ-1285 was seized by the second respondent on 03.03.2024 on the ground that the driver of the vehicle has not produced the required documents. Now, the petitioner claims that he is the owner of the vehicle and he is having all the required documents and ready 3/6
to produce the same before the authorities.
5.In view of the above, this writ petition is allowed. The petitioner is directed to produce the relevant/required documents before the respondents on 11.03.2024. In such event, the respondents shall consider the documents and release the petitioner's vehicle forthwith. If any further document is required, the respondent shall pass an order by referring the reasons for retaining the vehicle. No costs.
08.03.2024 NCC:Yes/No Index:Yes/No Internet:Yes vrn Note: Issue order copy today (08.03.2024) 4/6
To 1.The Regional Transport Authority, O/o.District Collector, Pudukkottai District, Pudukkottai.
2.The Regional Transport Officer, O/o.Regional Transport Office, Pudukkottai District, Pudukkottai.
3.The Inspector of Police, Ponnamaravadhi Police Station, Ponnamaravadhi, Pudukkottai District.
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B.PUGALENDHI, J.
vrn Order made in 08.03.2024 6/6