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2008 Supreme(Mad) 51

S.MANIKUMAR
R. Thangavelu & Another – Appellant
Versus
The Sub-Inspector of Police, Dharmapuri & Another – Respondent


Advocates Appeared:
For the Petitioner:R. Natesan, Advocate.
For the Respondents: A. Arumugam, Addl. Government Pleader.

Judgment :-

As common question of facts and law are involved in both the Writ Petitions, they are taken up together and disposed of by common order.

.2. Brief facts leading to W.P.No.22033 of 2002 are as follows:

.The petitioner is the owner of a Public Carrier bearing registration No.KA-02-AA/1177, which is covered by a National Permit. When the said vehicle was passing through Dharmapuri, it was checked by the respondent on 11.05.2002 and issued with a memo, charging that the lorry was overloaded by 14,740 kgs, the driver was without uniform and disobeyed Traffic signal. On the basis of these charges, the respondent has seized the records of the vehicle, such as Registration Certificate, Permit, etc. On receipt of the information, the petitioner proceeded to Dharmapuri and requested the respondent to return the Registration Certificate of the vehicle and permit, siezed by him on 11.05.2002. Before the respondents, the petitioner pointed out that Section 113 of the Motor Vehicles Act, 1988 enables the State Government to prescribe the maximum laden weight that the vehicle may carry and Section 114 of the Act authorises only the officers of the Motor Vehicles Department authorised



























































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