R.Bakthasironmony v. The Regional Transport Officer

W.P.(MD) No.24509 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.24509 of 2019 R.Bakthasironmony ... Petitioner vs.

The Regional Transport Officer, Marthandam Kannyakumari District.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the respondent to release the petitioner's Mini Bus Bearing Regn. No.TN 55-E-9510 forthwith.

For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.M.Rajarajan Government Advocate

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 the petitioner's Mini Bus Bearing Regn. No.TN 55-E-9510 forthwith.

2. Mr.M.Rajarajan, learned Government Advocate, 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, the respondent is 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 offering to extend full co-operation with the enquiry that may be initiated by the respondent. The petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24509 of 2019 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 ) vs To The Regional Transport Officer, Marthandam Kannyakumari District.

+1 CC to Mr.A.C. ASAITHAMBI, Advocate (SR-99679[F] dated 20/11/2019 ) W.P.(MD) No.24509 of 2019 20.11.2019 MK (28.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2