Madras High Court
K.Karuna vs The Regional Transport Officer on 12 March, 2020
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.(MD)No.5228 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)No.5228 of 2020
K.Karuna ... Petitioner
Vs.
1.The Regional Transport Officer,
O/o. Regional Transport Office
Thiruvarangam, Trichy District.
2.The Motor Vehicle Inspector,
Grade I
O/o. Regional Transport Office,
Srirangam, Trichy District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus to direct the respondents herein to
release the petitioner's omni bus to ply on all roads of entire Tamil Nadu,
covered by vehicle bearing Registration No.NL-01-B-0.780, which was
kept in 1st respondent office.
For Petitioner :Mr.T.Padmanabhan
For Respondents :Mr.C.M.Mari Chelliah Prabhu
Additional Government Pleader
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W.P.(MD)No.5228 of 2020
ORDER
The writ petition has been filed in the nature of mandamus seeking a direction to the respondents to release the omni bus of the petitioner in Registration No.NL-01-B-0780, which is now in the custody of the first respondent, namely, the Regional Transport Officer, Thiruvarangam, Trichy District.
2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner is operating the omni bus bearing Registration No.NL-01-B-0780 within Tamil Nadu and has a permit till 27.06.2023. While so, finding that the Chasis Number was different with the tax papers, the second respondent had seized the vehicle on 27.09.2017. The petitioner claims that he had given an explanation. However, in spite of such explanation, the vehicle was impounded on 27.09.2017 itself.
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3. The learned Additional Government Pleader has drawn notice to the order signed on 10.02.2020, in which, it had been stated that if within seven days, the petitioner does not appear and pay the necessary tax, the omni bus would be sold in auction.
4. The learned counsel for the petitioner has drawn attention to a similar order passed in W.P.(MD) No.25912/2019 [M/s.Sree Thangam Travels v. The Regional Transport Officer], in which, the learned single Judge had directed the writ petitioner therein to pay the necessary tax as a condition for seeking any relief.
5. The learned counsel for the petitioner herein also stated that if any tax is due and demanded, the petitioner will comply with such demand. At any rate, the petitioner has to necessarily approach the office of the first respondent. The petitioner may, therefore, appear in person along with the written representation in the office of the first respondent on 19.03.2020 or on 20.03.2020, between 11 and 12 noon and identify himself and comply with the necessary demands raised by the first 3/5 http://www.judis.nic.in W.P.(MD)No.5228 of 2020 respondent and thereafter, the first respondent may pass appropriate orders.
6. With the aforesaid observation, the writ petition is disposed of. No costs.
12.03.2020
Index : Yes / No
Internet : Yes
RR
To
1.The Regional Transport Officer,
O/o. Regional Transport Office
Thiruvarangam, Trichy District.
2.The Motor Vehicle Inspector,
Grade I
O/o. Regional Transport Office,
Srirangam, Trichy District.
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W.P.(MD)No.5228 of 2020
C.V.KARTHIKEYAN, J.
RR
W.P.(MD)No.5228 of 2020
12.03.2020
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