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2019 DIGILAW 605 (MAD)

Parveen v. Regional Transport Authority, Trichy

2019-03-05

ABDUL QUDDHOSE

body2019
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the 2nd respondent to release the vehicle bearing Registration No.PY 01 CP 2047, which is lying under the custody of the 2nd respondent forthwith.) 1. The instant Writ Petition has been filed for a mandamus to direct the second respondent to release forthwith the vehicle bearing Registration No.PY 01 CP 2047, which is now lying under the custody of the second respondent. 2. It is the case of the petitioner that she is the owner of the bus bearing Registration No. PY 01 CP 2048. It is her case that after purchase of vehicle by her, she had given it to a mechanic shop for repairing and re-modelling. It is also her case that she had purchased another bus bearing Registration No. PY 01 CP 2047 from the very same seller on 08.12.2018. It is also her case that both the vehicles were given to the same mechanic shop for repairing and re-modeling. 3. It is her case that the mechanic to whom the vehicles were given by her for repairing and re-modelling has by mistake pasted the number plate of PY 01 CP 2048 in the vehicle having Registration No. P4 01 CP 2047. It is the case of the petitioner that without noticing the same, her driver for the purpose of tyre alignment and Wheel balancing took the vehicle from the mechanic shop and went to the tyre work shop. 4. According to the petitioner, while the vehicle was proceeding to the tyre work shop, the said vehicle was intercepted by the 3rd respondent and on the same day, it was seized by them for the reason that RC book for the vehicle does not tally with the registration number. It is also the case of the petitioner that the second respondent also lodged a police complaint against the petitioner for violation of the provisions of Motor Vehicles Act, which was registered as Crime No.108 of 2019, on the file of the Cantonment Police Station. 5. The petitioner submitted an application on 20.12.2018 under Section 207(ii) of the Motor Vehicles Act, seeking for release of the vehicle impounded by the respondent on 13.12.2018. 6. 5. The petitioner submitted an application on 20.12.2018 under Section 207(ii) of the Motor Vehicles Act, seeking for release of the vehicle impounded by the respondent on 13.12.2018. 6. Eventhough, the application for release of vehicle was submitted by the petitioner as early as on 20.12.2018, till date, the respondents have not considered the representation of the petitioner. Therefore, in such circumstances, the instant Writ Petition has been filed. 7. Heard Mr.J.Anandkumar, learned counsel for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader for the respondents. 8. It is an admitted fact that the bus belonging to the petitioner has been impounded by the respondent. But, it is the case of the petitioner that the impounding of the bus by the respondent is illegal, since only due to the unintentional mistake committed by the petitioner's mechanic the vehicle was carrying a wrong number plate. 9. Even though, in the instant case, an application under Section 207 (ii) of the Motor Vehicles Act was submitted by the petitioner for release of the vehicle, till date the respondents have not considered the said application. Section 207(ii) of the Motor Vehicles Act, 1988 reads as follows: “207. Power to detain vehicles used without certificate of registration permit, etc. – (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary sage custody of the vehicle: Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof. (2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order, release the vehicle subject to such conditions as the authority or officer may deem fit to impose.” 10. It is evident from Section 207(ii) of the Act that the respondents have got the power to release the vehicle, if the petitioner is able to satisfy the respondents that he has not violated any of the provisions of Motor Vehicles Act. 11. Even though, the vehicle was impounded by the respondents as early as on 13.12.2018, till date, the application of the petitioner under Section 206(ii) of the Act has not been considered by the respondents. 12. The vehicle cannot be kept idle and if allowed to be kept idle, it will certainly depreciate in value which would not benefit either the petitioner or the respondents. 13. It is the bounden duty of the respondents to consider the application under Section 207(ii) of the Act as expeditiously as possible. In the instant case, the respondents have not considered the application with utmost urgency. It is for the respondents to consider the application on merits as to whether the petitioner has satisfied with all supporting documents the release of the impounded vehicle in her favour. 14. In the result, this Court directs the second respondent to dispose of the application submitted by the petitioner on 20.12.2018, under Section 207(ii) of the Motor Vehicles Act 1988, for release of the vehicle bearing registration No.P4 01 CP 2017, in her favour within a period of two weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner including the right of personal hearing, if sought for within the said period of two weeks in accordance with law. 15. With the aforesaid direction, this Writ Petition is disposed of. No costs.