Madras High CourtWP(MD)/11771/2020allowed

L.Chelladurai v. The Regional Transport Officer

2020-09-16Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.11771 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11771 of 2020 L.Chelladurai ... Petitioner Vs.

1.The Regional Transport Officer, Regional Transport Office, Ramanathapuram.

2.The Sub Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

3.A.Raja Kishore ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to release the vehicle bearing registration No.TN 72 BF 4081 mini good vehicle stationed at the second respondent police station. For Petitioner : Mr.M.Karthikeya Venkatachalapathy For R1 & R2 : Mr.P.Mahendran Additional Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 and R2. 2.The petitioner is the owner of the petition mentioned vehicle. It was involved in an accident. The vehicle is presently in the custody of the second respondent. A criminal case has also been registered.

3.The second respondent is directed to produce the vehicle before the first respondent. The first respondent will carry out the usual formalities and release the vehicle to the petitioner herein as early as possible.

4.By keeping the vehicle in the custody of the respondents, no purpose is going to be served. Its value gets lost. The petitioner undertakes to abide by any condition that may be stipulated by the respondents. The vehicle may have to be produced before the inspecting authority. Since some statutory violations are apparent, the first respondent may also levy fine. The petitioner has to necessarily comply with those requirements.

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

W.P.(MD)No.11771 of 2020 5.Subject to the same, the Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Regional Transport Officer, Regional Transport Office, Ramanathapuram.

2.The Sub Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

+1 CC to M/s.KARTHIKEYA VENKITACHALAPATHY, Advocate ( SR-17045[F] dated 16/09/2020 ) +1 CC to M/s.SPL GP ( SR-17268[F] dated 17/09/2020 ) W.P.(MD)No.11771 of 2020 16.09.2020 KB(17.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2