Madras High CourtWP(MD)/24949/2016disposed of

P.Yesudhasan v. The Regional Transport Officer

2016-12-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN,J.

W.P.(MD) No.24949 of 2016 P.Yesudhasan ... Petitioner vs.

The Regional Transport Officer, Marthandam, Kanyakumari District.

... Respondent Prayer : Writ Petition 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 Mini Bus bearing Registration TN 55A 6484 which was seized on 19.12.2016. For Petitioner :Mr.A.C.Asaithambi For Respondents :Mr.M.Rajarajan Government Advocate

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate, who takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondent herein to release the petitioner's Mini Bus bearing Registration Number TN 55A 6484 seized on 19.12.2016.

3. In similar circumstances, this Court, by order, dated 25.07.2011 in W.P.(MD).No.8110 of 2011 directed the respondents therein to release the vehicle, subject to certain conditions. The said order has been followed in W.P.(MD).No.4548 of 2012, dated 12.04.2012.

4. Following the above said orders, this Writ Petition is disposed of with the following conditions:- (i) The petitioner shall produce documents before the respondent, 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 authorized to ply and shall produce the vehicle as and when required by the respondent;

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(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.

No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Regional Transport Officer, Marthandam, Kanyakumari District.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.83951 +1cc to Mr.A.C.Asaithambi,Advocate Sr.No.83211 W.P.(MD) No.24949 of 2016 23.12.2016 jikr rum/km/04.01.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/