Disposed

B.Soma Sekhar v. the Regional Transport Officer

Madras HC4 Sept 2018WP(MD)/18611/2018

Case brief

AI extract

What is this about?

The High Court directed the release of a seized Maxi Cab subject to deposit of security, production of ownership documents, and undertakings. The court mandated the respondent to complete the enquiry within four weeks.

What did the court decide?

Directed release of the vehicle upon deposit of Rs. 10,000, production of ownership documents, and giving an undertaking not to violate permit conditions; enquiry to be completed within four weeks.

B.Soma Sekhar Vs the Regional Transport Officer — Specific Performance | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018 CORAM:

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THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P(MD)No.18611 of 2018

B.Soma Sekhar

.. Petitioner

Vs.

The Regional Transport Officer, Marthandam, Kanyakumari District.

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.. 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-75-L-5940 forthwith.

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For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.R.Murugan, 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-L-5940.

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According to the petitioner, even though he had plied the aforesaid vehicle with all relevant documents, the respondent has seized the vehicle.

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Mr.R.Murugan, 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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In any event, as the vehicle is under the custody of the respondent having been seized on 14.08.2018 and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondent, this Court is of the view that the vehicle can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle.

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Accordingly, the respondent is directed to release the vehicle in question to the petitioner within a period of seven days from the date of receipt of a copy of this order subject to the following conditions:

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“(i) The petitioner shall produce documents https://hcservices.ecourts.gov.in/hcservices/ before the respondent to establish the ownership of the vehicle in question;

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(ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) for the vehicle before the respondent; (iii) The petitioner shall give an undertaking that he will not violate the permit conditions in future and shall produce the vehicle as and when required by the respondent; (iv) On doing so, the vehicle in question shall be returned to the petitioner; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; (vi) The respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order; and (vii) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.”

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The Writ Petition is ordered accordingly. No costs.

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Sd/Assistant Registrar (CS-I)

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/True Copy/

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Sub Assistant Registrar (CS-III)

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The Regional Transport Officer, Marthandam, Kanyakumari District.

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+1CC TO MR.A.C.ASAI THAMBI, ADVOCATE IN SR.No.88069.

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+1CC TO THE SPECIAL GOVERNMENT PLEADER IN SR.No.88202.

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GK DS/RP/SAR-3 :04.09.2018: 2P/4C

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Order made in W.P(MD)No.18611 of 2018 04.09.2018

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

B.Soma Sekhar v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

B.Soma Sekhar v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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