BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24/10/2008 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P(MD)No.9244 of 2008 C.Rathina Mony ... Petitioner Vs 1.The Motor Vehicles Inspector, Grade-I, Marthandam, Kanyakumari District. 2.The Regional Transport Officer, Kanyakumari District. 3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the vehicle No.TN-74-Y-1258, which was seized by the first respondent on 01.10.2008 and now in the custody of the third respondent. !For Petitioner ... Mr.S.Raveekumar ^For Respondents... Mr.K.Balasubramanian Additional Government Pleader :ORDER
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Mr.K.Balasubramanian, learned Additional Government Pleader, takes notice
on behalf of the respondents. By consent of both sides, the Writ Petition is
taken up for final disposal.
2. The petitioner is the registered owner of the Mini Bus bearing
Registration No.TN-74-Y-1258. The petitioner has got a permit to ply the said
Mini Bus on the route from Keezhakalkurichi to Azhagiya Mandabam in Kanyakumari
District. The permit is valid upto 05.12.2010. While so, the vehicle was seized
by the first respondent on 01.10.2008 on the allegation that at the time of
checking, the vehicle was found plying from Thuckalay Bus Stand to Palliyadi
with Palliyadi name board as against the permitted route. Thereafter, the
petitioner has made a representation to the second respondent on 01.10.2008 for
the release of the vehicle. But, so far, the second respondent has not passed
any order. In those circumstances, the petitioner has come forward with the
present Writ Petition seeking for an appropriate direction to the respondents to
release the said vehicle.
3. The learned Additional Government Pleader for the respondents has
produced a communication from the second respondent, wherein he has stated that
proceedings have been initiated under Section 86 of the Motor Vehicles Act
against the petitioner for the above alleged irregularity. He has further stated
that the petitioner has already submitted his explanation and further
explanation has been called for from the first respondent. Since he has not
offered any further explanation, the matter is pending for consideration.
4. I have considered the rival submissions.
5. In my considered opinion, the procedure adopted by the second
respondent is not at all legal. Initiation of proceedings under Section 86 of
the Motor Vehicles Act is not a bar for him to exercise his power under Section
207 (ii) of the Motor Vehicles Act. Admittedly, in this case, the vehicle was
seized by the first respondent in exercise of the power conferred under Section
207(i) of the Motor Vehicles Act. A plain reading of Section 207(i) and (ii) of
the Motor Vehicles Act would go a long way to show that the aggrieved owner of
the vehicle has to make an application to the Regional Transport Authority for
the release of the vehicle. If the required documents are produced, then, the
vehicle is to be released by the second respondent. But, any order, which is
made under Section 207(ii) of the Motor Vehicles Act, would not be an impediment
for the second respondent to proceed further with the enquiry under Section 86
of the Motor Vehicles Act and pass appropriate orders ultimately.
6. In view of the above, the Writ Petition is disposed of with a direction
to the second respondent to pass orders on the representation of the petitioner
dated 01.10.2008 releasing the vehicle to the petitioner within a period of two
days from the date of receipt of a copy of this Order. It is made clear that the
second respondent may proceed further with the enquiry already initiated against
the petitioner under Section 86 of the Motor Vehicles Act and pass appropriate
orders in accordance with law, after affording sufficient opportunity to the
petitioner. No costs.
NB
To
1.The Motor Vehicles Inspector, Grade-I,
Marthandam, Kanyakumari District.
2.The Regional Transport Officer,
Kanyakumari District.
3.The Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.