Allowed

H.Sunil, S/O. Harris, v. the Regional Transport Officer

Madras HC21 Aug 2018WP(MD)/17858/2018

Case brief

AI extract

What is this about?

This writ petition seeks a mandamus for the immediate release of a seized Maxi Cab. The bench acknowledged the seizure was valid but directed its release to prevent devaluation and missing parts, subject to an undertaking for cooperation in the enquiry.

What did the court decide?

Response directed to return the vehicle immediately, within one week, pending conclusion of the enquiry upon undertaking of compliance.

H.Sunil, S/O. Harris, Vs the Regional Transport Officer — Motor Accident Claims | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.08.2018

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CORAM:

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THE HONOURABLE MRS. JUSTICE J.NISHA BANU

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W.P(MD)No.17858 of 2018

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H.Sunil .. Petitioner

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The Regional Transport Officer, Marthandam, Kanyakumari District. .. Respondent

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PRAYER: Writ Petition is 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 Maxi Cab bearing Registration No.TN-75A-1321 forthwith.

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For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.D.Muruganandam, Additional Government Pleader

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ORDER

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The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to release his Maxi Cab bearing Registration No.TN-75-A-1321.

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Mr.D.Muruganandham, learned Additional Government Pleader, who takes notice on behalf of the respondent, would vehemently oppose the release of vehicle on the ground that the petitioner has willfully violated the permit conditions.

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The vehicle belonging to the petitioner was seized by the respondent on the ground that it was plying against the permit conditions. 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 vehicle 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 vehicle to the petitioner immediately, in any event, within a period of one week from the date of receipt of a copy of this order.

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The petitioner has to file an undertaking affidavit before the https://hcservices.ecourts.gov.in/hcservices/ respondent offering to extend full co-operation with the enquiry that may be initiated by the respondent. The petitioner shall not alienate

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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.

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This Writ Petition is allowed accordingly. No costs.

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Sd/-

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Assistant Registrar(WRITS)

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/True copy/

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Sub Assistant Registrar(CS I)

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The Regional Transport Officer, Marthandam, Kanyakumari District.

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+1CC TO MR. A.C.ASAITHAMBI, ADVOCATE SR 79542

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Order made in W.P(MD)No.17858 of 2018 Dated: 21.08.2018

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gcg

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JM/SKN RSK/SAR 1/21.08.2018/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

H.Sunil, S/O. Harris, v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

H.Sunil, S/O. Harris, v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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