Y.Jeniferdhas. S/O. Yesudas, v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.18048 of 2016 Y.Jeniferdhas ... Petitioner -vsThe Regional Transport Officer, Marthandam Kanyakumari District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to release the petitioner's mini bus bearing registration TN 74Y 2898 which was seized on 22.08.2016 forthwith and pass such further or other orders as this Court. For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.M.Alagadevan Special Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent to release the petitioner's mini bus bearing registration No.TN-74Y-2898 which was seized on 22.08.2016 forthwith.

2.Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner and Mr.M.Alagadevan learned Special Government Counsel, who takes notice for the respondent. By consent the writ petition itself is taken up for final disposal at the admission stage.

3.It is the case of the petitioner that his mini bus bearing registration No.TN-74Y-2898 was seized on 22.08.2016, on the ground that the mini bus was operated in a route, which was not authorised by the respondent.

4.Seeking release of vehicle, the petitioner is stated to have made a representation to the respondent on 23.08.2016, followed by another representation on 16.09.2016. As no orders have been passed in the said representations, this Writ Petition https://hcservices.ecourts.gov.in/hcservices/

has been filed.

5.The learned counsel for the petitioner submitted that the procedure (covering the present situation) as prescribed under Section 207 of the Motor Vehicles Act, 1988, is not followed by the respondent. The learned counsel has also pointed out that in similar circumstances, this Court passed an order in WP(MD)No.7917 of 2015, in which, imposing the following conditions, the vehicle was ordered to be released.

"(i)The petitioner shall produce documents before the respondents, to establish the ownership of the vehicle in question;

(ii)The petitioner shall give an undertaking that he will not use the vehicle in a route not authorised to ply and shall produce the vehicle as and when required by the respondents;

(iii)On doing so, the vehicle in question shall be returned to the petitioner;

(iv)The petitioner shall not alienate the vehicle in question, till the disposal of the proceedings before the authority concerned."

6.Under the stated circumstances, the respondent is directed to consider the representation of the petitioner dated 16.09.2016 in the light of the orders passed in WP(MD)No.7917 of 2015 dated 06.05.2015 and also in the light of Section 207 of the Motor Vehicles Act, 1988 within a period of four weeks from the date of receipt of a copy of this order.

7.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar mj TO The Regional Transport Officer, Marthandam Kanyakumari District.

+1 cc to Mr.A.C.ASAI THAMBI ,Advocate, Sr.No: 54918 JAM/SK-SKN/SAR A.E/27.09.16 2P-3C W.P(MD)No.18048 of 2016 22.09.2016 https://hcservices.ecourts.gov.in/hcservices/