Madras High Court
A.Arulselvan vs The Regional Transport Officer on 8 August, 2017
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14745 of 2017 A.Arulselvan ... Petitioner Vs. 1.The Regional Transport Officer, Marthandam, Kanyakumari District, 2.The Inspector of Police, Eraniel Police Station, Kanyakumari District. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the 1st respondent to release the petitioner Mini Bus in bearing registration No.TN-74-Y-2705 and consider the petitioner representation dated 31.07.2017. !For Petitioner : Mr.H.Velavadhas For Respondents : Mr.D.Muruganantham, Additional Government Pleader :ORDER
By consent, the writ petition is taken up for final disposal at the admission stage itself.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The petitioner is the Mini Bus Operator in Kanyakumari District bearing registration No.TN-74-Y-2705 plying on the route Karankadu to Thuckalay via Villukuri, Karavilai, Karavilai West, Thuckalay on the basis of the permit issued by the District Collector, Kanyakumari District, at Nagercoil. It is stated that the permit was also renewed upto 18.12.2020.
4. It is further stated that on 25.07.2017, when the Mini Bus belonging to the petitioner was running on the aforementioned route, one Government Bus going in front of the Mini Bus applied sudden break and stopped in front of the petitioner's vehicle. As a result, the petitioner's Mini Bus dashed the Government Bus and caused some damage. However, no casualty had occurred. In this context, immediately, an FIR in Crime No.353/2017 was registered and pursuant thereto, the Inspector of Police, Eraniel Police Station has handed over the custody of the vehicle to the Regional Transport Officer, Marthandam/the first respondent herein. But till date, the first respondent police has not handed over the vehicle to the petitioner. As a result, the vehicle belongs to the petitioner has been abandoned exposing to the sun and rain causing huge wear and tear and as a result, the value of the vehicle is also diminishing. Therefore, the petitioner has given a representation on 31.07.2017 requesting the first respondent to release the vehicle in terms of Section 207(2) of Tamil Nadu Motor Vehicles Act. Though Section 207(2) of the Motor Vehicles Act says that the vehicle seized and detained is liable to be returned on an application filed by the owner of the vehicle, till date, the first respondent has not come forward to release the same. Therefore, the petitioner is before this Court with this writ petition.
5. Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents, would submit that since the petitioner's vehicle caused accident thereby damaging a Government Bus, an FIR was registered and since the accident had occurred on the route, which was not supposed to be plied by the petitioner's vehicle, it has been handed over to the first respondent for taking appropriate action against the petitioner's vehicle. Therefore the petitioner's representation will be considered on merits, he submitted.
6. Recording the said statement, the first respondent is directed to consider the petitioner's representation dated 31.07.2017 on merits and in accordance with law within a period of ten days from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
To
1.The Regional Transport Officer, Marthandam, Kanyakumari District,
2.The Inspector of Police, Eraniel Police Station, Kanyakumari District.
.