S.Prathap v. The Regional Transport Officer,Tiruvallur,Tiruvallur District
Case at a glance
- Bench
- M JAICHANDREN WRIT
Provisions considered
Key paragraphs
- Para 55. On such submissions being made, the petitioner is permitted to make an application to the respondent, within 15 days from today. On such application being made, the respondent isdirected to release the vehicle, by imposing necessary conditions, within a period of two weeks thereafter.…
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13-09-2007CORAMTHE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.29968 of 2007S.Prathap.. Petitioner. VersusThe Regional Transport Officer, Tiruvallur, Tiruvallur District... Respondent. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to release the Abe Auto Rickshaw bearingRegistration No.TN-20-AC-2146 seized by the respondent on07.09.2007 to the petitioner. For petitioner: Mr.C.PrakasamFor respondent : Mr.A.Arumugam Additional Government PleaderO R D E RMr.A.Arumugam, the learned Additional Government Pleadertakes notice for the respondent.
With the consent of the learned counsels appearing oneither side, the writ petition is taken up for final disposal.
It is submitted that the petitioner is owner cum driver of the Abe Auto Rickshaw bearing Registration No.TN-20-AC-2146. Eventhough the petitioner has been using the said Auto Rickshaw only for lawful purposes, the respondent had seized the vehicle, on07.09.2007, on the allegation that three persons had travelled in the said Vehicle from Othikkadu to Tiruvallur by paying a sum ofRs.5/- each.
Mr.A.Arumugam, the learned Additional Government Pleaderappearing for the respondent had submitted that the respondent is empowered to seize the vehicle, under Section 207 of The Motor https://hcservices.ecourts.gov.in/hcservices/ Vehicles Act, 1988 (in Short `the Act') and the rules framedthereunder. It is also pointed out that under Section 207 of the Act, the respondent is empowered to release the seized vehicle, onan application made by the owner of the said vehicle.
On such submissions being made, the petitioner is permitted to make an application to the respondent, within 15 days from today. On such application being made, the respondent isdirected to release the vehicle, by imposing necessary conditions, within a period of two weeks thereafter. The writ petition is ordered accordingly. No costs. cshSd/Asst. Registrar/true copy/Sub Asst. RegistrarToThe Regional Transport Officer, Tiruvallur, Tiruvallur District.+ 1 cc to Mr. C. Prakasam, Advocate SR No. 57447+ 1 cc to the Government Pleader, SR No.57578KK(CO)SR/18.9.2007Writ Petition No.29968 of 2007
Precedent status how later indexed judgments have treated this case
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