Madras High CourtWP(MD)/12723/2018disposed of

G.Sundarraj, v. The Regional Transport Officer

2018-06-14Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.12723 of 2018 G.Sundarraj : Petitioner Vs.

The Regional Transport Officer, Marthandam, Kanyakumari District.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to release the petitioner's Mini Bus bearing Registration No.TN63E 4140 forthwith.

For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.S.Dhayalan, Government Advocate

ORDER

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to release his Mini Bus bearing Registration No.TN63E 4140 forthwith.

2. Mr.S.Dhayalan, learned Government Advocate, who takes notice on behalf of the respondent, would vehemently oppose the release of Mini Buses on the ground that the petitioner has willfully violated the permit conditions.

3. The Mini Bus belonging to the petitioner was seized by the respondent on the ground that the Mini Bus ws plying on an unauthorized route. The act of seizure cannot be faulted. But, then the question is whether the Mini Bus should be released or not. No purpose will be served in continuing to keep the said Mini Bus in the custody of the respondent, since the vehicle would only lose its value by exposure in open area. That apart, this Court can take judicial notice of the fact that the parts of such detained bus go missing. Therefore, the respondent is directed to return the Mini Bus to the petitioner immediately, in any event, within a period of one week from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

4. The petitioner has to file an undertaking affidavit before the respondent offering to extend full co-operation with the enquiry that may be initiated by the respondent. The petitioner shall not alienate the vehicle till the conclusion of the enquiry. The petitioner shall also undertake not to violate the permit conditions in future. If the permit conditions are again violated, it would be open to the respondent to seize the vehicle in that event.

5. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, Marthandam, Kanyakumari District.

+1CC to Mr.A.C.Asaithambi, Advocate, SR.No.68331 W.P(MD)No.12723 of 2018 14.06.2018 Arul ES/SKN/RSK/SAR 2/18.06.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/