High Court Kerala High Court

C.L.Varghese vs Regional Transport Authority on 3 December, 2007

Kerala High Court
C.L.Varghese vs Regional Transport Authority on 3 December, 2007
       

  

  

 
 
  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.
                     ===============
                  W.P.(C) NO. 30065 OF 2007
               =====================

           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