Madras High CourtWP(MD)/23552/2019disposed of

B.Mumthaj v. The Regional Transport Officer

2019-11-07Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.23552 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.23552 of 2019 B.Mumthaj .. Petitioner Vs.

1.The Regional Transport Officer, Trichy West, Pirattiyur, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Mini Bus bearing Reg.No.TN 28 A 3639 forthwith.

For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Mini Bus bearing Reg.No.TN 28 A 3639 forthwith.

2. Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, who takes notice on behalf of the respondents, 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 respondents on the ground that the Mini Bus was plying on an unauthorized route. The act of seizure cannot be faulted. But, then the question is whether the Mini Bus should be released or not. No purpose will be served in continuing to keep the said Mini Bus in the custody of the respondents, 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 bus go https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.23552 of 2019 missing. Therefore, the respondents are directed to return the Mini Bus to the petitioner immediately, in any event, 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 concerned offering to extend full co-operation with the enquiry that may be initiated by the respondents. 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 respondents to seize the vehicle in that event.

5. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) mj To 1.The Regional Transport Officer, Trichy West, Pirattiyur, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

+1 CC to M/s.A.C.ASAITHAMBI, Advocate SR-96638. +1 CC to SPL GP SR-96939.

W.P(MD)No.23552 of 2019 07.11.2019 CS(11.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2