S.Ganapathy, S/O.Selvaraj, v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.16530 of 2016 and W.M.P.(MD)Nos. 12060 of 2016 and 17112 of 2017 S.Gajapathy ... Petitioner Vs.

1.The Regional Transport Officer, Karur.

2.The Motor Vehicles Inspector, Grade-I, Regional Transport Office, Karur.

3.The Sub-Inspector of Police, Karur Town Police Station, Karur.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to release the contract carriage omni bus bearing registration No. TN-01-AL-1171 and its record which is impounded and kept in the office of the first respondent to the possession of the petitioner.

For petitioner : Mr.S.Govindaraman For Respondents : Mr. M.Jeyakumar 1 to 3 Additional Government Pleader

O R D E R

*********** Heard Mr.S.Govindaraman, learned Counsel appearing for the petitioner and Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents.

2.By consent of both the parties, the main Writ Petition itself is taken up final disposal.

3.The writ petitioner is the owner of Omni bus bearing Registration No. TN-01-AL-1171. The same was detained by the second respondent on account of some violation said to have been committed by the writ petitioner. The impounding took place way back in August 2016. No purpose will be served by continuing to keep the https://hcservices.ecourts.gov.in/hcservices/

detained vehicle in the custody of the respondents. The vehicle will only lose its value.

4.The learned counsel appearing for the petitioner states that no final order has been passed levying any penalty. The learned counsel for the petitioner gives an undertaking that if the authority initiates any proceedings, he will co-operate with the enquiry and that he will not alienate the vehicle till final orders are passed.

5.This undertaking given by the petitioner is placed on record. The petitioner shall produce documents before the first respondent indicating his ownership of the vehicle. Upon production of the same, the first respondent shall release the vehicle and hand over the same to the petitioner forthwith without any further delay. 6.This writ petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1.The Regional Transport Officer, Karur.

2.The Motor Vehicles Inspector, Grade-I, Regional Transport Office, Karur.

3.The Sub-Inspector of Police, Karur Town Police Station, Karur.

+1CC to Mr.S.Govindaraman, Advocate, SR.No. 46635 ORDER MADE IN W.P. (MD) No.16530 of 2017 06.02.2018 pnn/tsg AM/SV MMS/SAR 1/08.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/