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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
S. Prathap
Versus
The Regional Transport Officer
Writ Petition No.29968 of 2007
Decided On : 13-09-2007
Seizure - Motor Vehicles Act, 1988 - The court directed the respondent to release the seized vehicle upon the petitioner's application, in accordance with Section 207 of the Act.
Fact of the Case:
The petitioner, owner cum driver of an auto rickshaw, had his vehicle seized by the respondent on the allegation of unauthorized use.
Finding of the Court:
The court found that the respondent had the power to seize the vehicle under Section 207 of The Motor Vehicles Act, 1988, but also directed the release of the vehicle upon the petitioner's application.
Issues: Seizure of vehicle under Section 207 of The Motor Vehicles Act, 1988.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 207 of The Motor Vehicles Act, 1988, which empowered the respondent to seize and release the vehicle upon the owner's application.
Final Decision: The writ petition was ordered in favor of the petitioner, directing the respondent to release the seized vehicle upon the petitioner's application.
Mr. A. Arumugam, the learned Additional Government Pleader takes notice for the respondent.
2. With the consent of the learned counsels appearing on either side, the writ petition is taken up for final disposal.
3. It is submitted that the petitioner is owner cum driver of the Abe Auto Rickshaw bearing Registration No.TN-20-AC-2146. Even though the petitioner has been using the said Auto Rickshaw only for lawful purposes, the respondent had seized the vehicle, on 07.09.2007, on the allegation that three persons had travelled in the said Vehicle from Othikkadu to Tiruvallur by paying a sum of Rs.5/- each.
4. Mr. A. Arumugam, the learned Additional Government Pleader appearing for the respondent had submitted that the respondent is empowered to seize the vehicle, under Section 207 of The Motor Vehicles Act, 1988 (in Short `the Act) and the rules framed thereunder. It is also pointed out that under Section 207 of the Act, the respondent is empowered to release the seized vehicle, on an application made by the owner of the said vehicle.
5. On such submissions being made, the petitioner is permitted to make an application to the respondent, within 15 days from today. On such application being made, the respondent is directed to release the vehicle, by imposing necessary conditions, within a period of two weeks thereafter.
The writ petition is ordered accordingly. No costs.
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