G.Sundar Raj v. The Regional Transport Officer

W.P(MD)No.18687 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.18687 of 2019 G.Sundar Raj ... Petitioner Vs.

The Regional Transport Officer, Marthandam, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent to release the petitioner's mini bus bearing registration No.TN 74 Y 2257 and consider the petitioner's representation, dated 22.08.2019, within the period stipulated by this Court. For Petitioner : Mr.H.Velavadhas For Respondent : Mrs.J.Padmavathi devi, Special Government Pleader.

O R D E R

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to release his Mini Bus bearing Registration No. TN 74 Y 2257 from the custody of the respondent.

2. Mrs.J.Padmavathi devi, learned Special Government Pleader, who takes notice on behalf of the respondent, would vehemently oppose the release of Mini Bus on the ground that the petitioner has willfully violated the permit conditions.

3. The Mini Bus belonging to the petitioner was seized by the respondent on the ground that it was plying on an unauthorized route. The act of seizure cannot be faulted. But, then the question is whether it should be released or not. No purpose will be served in continuing to keep the said Mini Bus in the custody of the respondent, since the vehicle would only lose its value by exposure in open area. That apart, this Court can take judicial notice of the fact that the parts of such detained buses go missing. Therefore, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.18687 of 2019 the respondent is directed to return the Mini Bus to the petitioner within a period of one week from the date of receipt of a copy of this order.

4. The petitioner has to file an undertaking affidavit before the respondent offering to extend full co-operation with the enquiry that may be initiated by the respondent. The petitioner shall not alienate the vehicle till the conclusion of the enquiry. The petitioner shall also undertake not to violate the permit conditions in future. If the permit conditions are again violated, it would be open to the respondent to seize the vehicle in that event.

5. The Writ Petition is allowed accordingly. No costs. SD ASSISTANT REGISTRAR ( CO ) TRUE COPY SUB ASSISTANT REGISTRAR (CS ) das To:

The Regional Transport Officer, Marthandam, Kanyakumari District.

1CC TO MR. H.VELAVADHAS ADVOCATE SR 86681 1CC TO THE SPL GOVT PLEADER SR 86944 JMN 16/9/2019 2P 4C W.P.(MD) No.18687 of 2019 13.09.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2