P.Kishore, v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.16184 of 2018 P.Kishore : 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 Maxi Cab bearing Registration No.TN 75C 8481 forthwith.

For Petitioner :

Mr.A.C.Asaithambi For Respondent :

Mr.A.Muthukaruppan, Additional Government Pleader

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 Maxi Cab bearing Registration No. TN 75C 8481 forthwith.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader, who takes notice on behalf of the respondent, would vehemently oppose the release of Maxi Cab on the ground that the petitioner has willfully violated the permit conditions.

3. The Maxi Cab belonging to the petitioner was seized by the respondent on the ground that it was plying against the permit conditions. The act of seizure cannot be faulted. But, then the question is whether it should be released or not. No purpose will be served in continuing to keep the said Maxi Cab 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 buses go missing. Therefore, the respondent is directed to return the Maxi Cab 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(T&P) /True copy/ Sub Assistant Registrar(CS-I) To The Regional Transport Officer, Marthandam, Kanyakumari District.

+1cc to Mr.A.C.Asaithambi, Advocate, SR.No.74772. +1cc to Special Government Pleader, SR.No.74841. Order made in W.P(MD)No.16184 of 2018 Dated: 24.07.2018 CM RAM/RP/SAR 1/25.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/