IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30065 of 2007(D)
1. C.L.VARGHESE, AGED 38 YEARS,
... Petitioner
Vs
1. REGIONAL TRANSPORT AUTHORITY,
... Respondent
2. SECRETARY,
3. ASSISTANT MOTOR VEHICLE INSPECTOR
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent :SRI.P.RAVINDRAN (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/12/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 30065 OF 2007
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Dated this the 3rd day of December, 2007
J U D G M E N T
Though several contentions are urged in the writ petition,
the only point argued before me is for release of the vehicle.
2. The vehicle belonging to the petitioner has been seized
on 29/9/07 on the allegation that it was operating without a
permit. It is stated that following Ext.P2 judgment rendered by a
Division Bench of this court, the RTA had considered the permit
application of the petitioner and eventually rejected the
application by Ext.P8 dated 18.8.07. It is on the allegation that
thereafter also petitioner continued to operate the vehicle, that it
was seized on 29/9/07.
3. According to the learned counsel for the petitioner, the
petitioner’s vehicle is still in police custody and therefore seeks
its release. Petitioner submits that the rejection of his application
by the RTA by Ext.P8 order is under challenge in an appeal
pending before the STAT. According to him in the meanwhile,
there is no reason to detain the vehicle exposing the same to sun
and rain.
WPC 30065/07
: 2 :
4. I heard the counsel on both sides.
5. In view of the allegation that the vehicle was operating
without a permit, the vehicle is liable to be proceeded against in
terms of the provisions contained in the Motor Vehicles Act,
1988. Since, as at present there is an offence made out, only if
the said offence is compounded, can the vehicle be released.
Therefore, it is directed that if the petitioner compounds the
offence, the vehicle will be released to him.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
Rp