Important points;
" Suppressing the material facts, the petitioner has filed this writ petition, seeking interference of this Court and making allegations against the 4th respondent, who is an Assistant Motor Vehicle Inspector in the office of the 2nd respondent Sub Regional Transport Officer
" The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the Writ Courts would become impossible
" The conduct of the petitioner in filing this writ petition suppressing material facts has to be deprecated in the strongest terms

1. The petitioner is the registered owner of a Mahindra Tourister vehicle, which has been registered as 'LMV Contract Carriage', vide Ext.P1 certificate of registration, with registration No.KL-24/A-9652, with a seating capacity of 11. In Ext.P2 certificate of insurance, the seating capacity of the vehicle is recorded as 11, including driver. In Ext.P3 contract carriage permit, which is valid for the period from 21.03.2014 to 20.03.2019, the maximum passenger capacity of the vehicle is recorded as 10. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd and the 3rd respondents, namely the Regional Transport Officer, Thiruvananthapuram and the Sub Regional Transport Officer, Kazhakuttam to release his vehicle bearing registration No.KL-24/A-9652; and a writ of mandamus commanding the 2nd and 3rd respondents to keep a check on the arbitrary and illegal seizure of contract carriage vehicles by its officers and also to verify and supervise the acts of the 4th respondent Assistant Motor Vehicle Inspector in the office of the 3rd respondent Sub Regional Transport Officer.

2. On 14.09.2018, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

3. On 18.09.2018, when this writ petition came up for consideration, this Court passed the following order;

“The learned Senior Government Pleader on instructions would submit that after intercepting the contract carriage, bearing Registration No.KL/24-A 9652, owned by the petitioner, the Assistant Motor Vehicle Inspector, Sub Regional Transport Officer, Kazhakuttam prepared a check report dated 07.09.2018 and the same has also been signed by the Inspector of Kerala State Road Transport Corporation, who was personally present at the time when the said vehicle was intercepted, while it was being used as a stage carriage.

2. The learned Senior Government Pleader would submit that the driver of the petitioner's vehicle, one Jabbar Khan, refused to accept copy of the check report and he even refused to take the vehicle to the place suggested by the Assistant Motor Vehicle Inspector. The learned Senior Government Pleader would also submit that, the petitioner can collect a copy of the check report from the Sub Regional Transport Office, Kazhakuttam. The said submission is recorded.

The learned Senior Government Pleader shall ensure that the counter affidavit of the 4th respondent is placed on record by 25.09.2018.”

4. Thereafter, on 25.09.2018, when this writ petition came up for further consideration, the learned Senior Government Pleader, on instructions, submitted that the petitioner never approached the 2nd respondent for release of his contract carriage bearing registration No.KL-24/A-9652. The learned counsel for the petitioner submitted that, on 26.09.2018 itself the petitioner shall approach the 2nd respondent for release of his vehicle. The submission of the learned counsel that, the petitioner shall remit the fine, without prejudice to the contentions taken in this writ petition, was recorded.

5. A counter affidavit has been filed by the 4th respondent, opposing the reliefs sought for in this writ petition. The petitioner has also filed a reply affidavit.

6. On 03.12.2018, when this writ petition came up for consideration, the learned Senior Government Pleader was directed to make available for the perusal of this Court the materials in support of the averments in paragraph 6 of the counter affidavit filed by the 4th respondent. Pursuant to the said order, along with a memo dated 11.12.2018, nine check reports issued to the petitioner on various dates, in respect of his contract carriage bearing registration No.KL-24/A-9652, is placed on record.

7. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 4 and also the learned Standing Counsel for KSRTC, representing the 5th respondent