Allowed

G.Senthil Kumar, v. the Regional Transport Officer

Madras HC12 Oct 2018WP(MD)/21475/2018

Case brief

AI extract

What is this about?

Petitioner challenged the seizure of his Tourist Bus, claiming valid documentation. Court directed him to submit road tax receipts within three days. If tax and compounding fees under State Government Circular are paid, vehicle must be released immediately. Writ petition allowed.

What did the court decide?

Petitioner directed to submit road tax receipts within three days; upon clearing tax and compounding fees if applicable, vehicle to be released immediately.

G.Senthil Kumar, 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 : 12.10.2018

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CORAM:

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THE HONOURABLE MRS. JUSTICE J.NISHA BANU

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W.P(MD)No.21475 of 2018

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and

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W.M.P(MD)No.19366 of 2018

G.Senthil Kumar

.. Petitioner

Vs.

1.The Regional Transport Officer, Tiruchirappalli East, Sanjeevi Nagar, Tiruchirappalli District.

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2.The Motor Vehicle Inspector Grade - I, Unit Office,

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Lalgudi, Tiruchirappalli District. .. Respondents

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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 first respondent to release the petitioner's Tourist Bus bearing Registration No.KA-51-C-8599.

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For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.D.Muruganantham,

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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 respondents to release his vehicle, bearing Registration No.KA-51-C-8599, forthwith.

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According to the petitioner, though his vehicle was plied with valid documents, the same was seized by the respondents.

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Learned Additional Government Pleader, on the other hand, would submit that the petitioner has violated the permit conditions and has also not paid the tax due on him.

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https://hcservices.ecourts.gov.in/hcservices/ 4. At this juncture, learned Counsel for the petitioner intervened and submitted that he has already paid road tax and has

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also enclosed such copies in the typed set of papers.

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Even otherwise, learned Additional Government Pleader would submit that there is a Circular of the State Government, as per which, if vehicles belonging to other States violate the permit conditions, then they have to pay compounding fee.

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In such a view of the matter, the petitioner is hereby directed to submit the road tax receipts before the authorities within a period of three days from the date of receipt of a copy of this order. Thereafter, if the authorities establish that there is a violation of permit condition and the petitioner is liable to pay compounding fee, as per the Circular of the Government, he shall pay the same and his vehicle shall be released forthwith.

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The writ petition stands allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/-

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Assistant Registrar(Records)

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/True Copy/

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Sub Assistant Registrar(CS III)

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1.The Regional Transport Officer, Tiruchirappalli East, Sanjeevi Nagar, Tiruchirappalli District.

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2.The Motor Vehicle Inspector Grade - I, Unit Office, Lalgudi, Tiruchirappalli District.

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1CC TO MR. A.S. ASAITHAMBI, ADVOCATE SR 90571

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TR RSK SAR 3 12 10 2018 2P 4C

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Order made in W.P(MD)No.21475 of 2018 and W.M.P(MD)No.19366 of 2018

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12.10.2018

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

G.Senthil Kumar, v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

G.Senthil Kumar, 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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