Petitioner sought writ to release his vehicle seized after a road accident. Court directed respondent police to release the vehicle within a fortnight upon payment of the fine calculated under Section 130(3) of the Motor Vehicles Act.
Directive to release the seized vehicle within a fortnight upon payment of the fine amount.
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WP(MD) No.20824 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2021 CORAM THE HON'BLE MR. JUSTICE M.SUNDAR W.P(MD) No.20824 of 2021
Kanagaraj
... Petitioner
Vs.
1.The Regional Transport Officer, Regional Transport Office, Dindigul.
2.The Inspector of Police, Oddanchatram Police Station, Dindigul District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents to release the Ashok Leyland Dost (load auto) bearing registration No.TN-57-BC-4972 seized on 09.05.2021 by the 2nd respondent by receiving the fine amount for violation of Section 130 (3) of the Motor Vehicles Act during the inspection done by the 1st respondent on 15.06.2021 by considering the representation dated 10.11.2021 and hand over the vehicle to the Petitioner.
For Petitioner : Mr.N.Adithya Vijayalayan For Respondents : Mr.M.Lingadurai, Special Government pleader.
O R D E R
Mr.N.Adithya Vijayalayan, learned counsel on record for sole writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts on behalf of both respondents are before this Court.
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WP(MD) No.20824 of 2021
inspection, who after completing the inspection on 15.06.2021 handed over the vehicle to the second respondent.
release of said vehicle (in the case on hand) is payment of fine.
// True Copy //
vsm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Regional Transport Officer, Regional Transport Office, Dindigul.
2.The Inspector of Police, Oddanchatram Police Station, Dindigul District.
W.P(MD) No.20824 of 2021 23.11.2021
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1 issue framed by the court
Whether the vehicle seized following a road accident should be released upon payment of the fine under Section 130(3) of the Motor Vehicles Act, 1988.
2 provisions across 2 enactments
Kanagaraj
The Regional Transport Officer, Regional Transport Office, Dindigul
The Inspector of Police, Oddanchatram Police Station, Dindigul District
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
