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Madras High CourtWP(MD)/11617/2021disposed of

Bhuvaneswari v. The Regional Transport Officer

2021-08-10Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD) No.11617 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10/08/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.11617 of 2021 Bhuvaneswari ... Petitioner vs.

1.The Regional Transport Officer, Pudukkottai, Pudukkottai District.

2.The Motor Transport Inspector, Pudukkottai, Pudukkottai District.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

4.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the fourth respondent to produce before the second respondent for M.V.Report in respect of the vehicle bearing registration No. TN 63 CZ 1116 Hundai Creta and consequently direct the second respondent return the vehicle to the petitioner on the basis of the representation on 07.06.2021.

For Petitioner : Mr.S.Muniyiandi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petition is filed seeking a direction to the fourth respondent to produce the vehicle bearing registration No. TN 63 CZ 1116 Hundai Creta before the second respondent for M.V.Report and for consequential direction to the second respondent to return the vehicle to the petitioner on the basis of the representation on 07.06.2021.

2. The facts narrated in the petition are perused. It is seen that the grievance of the petitioner is that even though the property has been seized in connection with Crime No.77 of 2021, which was registered for the offence under Section 304(A) IPC, the property has not been produced before the Motor Vehicle Inspector for inspection and hence, he could not file a petition seeking return of the property.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.11617 of 2021

3. The Additional Public Prosecutor would submit that the fourth respondent is ready to produce the vehicle before the second respondent herein for inspection.

4.Let that exercise be completed within a period of 15 days from the date of receipt of a copy of this order. After inspection is over, the petitioner is at liberty to move the concerned court seeking interim custody of the property through appropriate proceedings.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To, 1.The Regional Transport Officer, Pudukkottai, Pudukkottai District.

2.The Motor Transport Inspector, Pudukkottai, Pudukkottai District.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

4.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.11617 of 2021 10.08.2021 RK (19.08.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2