SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Mad) 394

High Court of Judicature at Madras
M. JAICHANDREN
A.R.S. Metals Ltd., Rep. By its Authorised Signatory N. Prabu & Another
Versus
The Road Transport Officer, Road Transport Office, Chennai (North)
W.P.No.1242 & 1243 of 2012 & M.P.Nos.1 & 2 of 2012
Decided On :Decided on: 27-01-2012

Advocates Appeared:
For the Petitioner - M/s. P.V.S. Giridhar and Sai Associates, Advocates.
For the Respondent:N. Sakthivel, Government Advocate.

The court has the authority to direct the release of a vehicle on depositing the original Registration Certificate and an undertaking not to transfer or sell the vehicle during the proceedings.

Headnote:

Writ Petition - Release of Vehicle - The court directed the petitioner to furnish necessary documents to substantiate its claims and ordered the release of the vehicle on depositing the original Registration Certificate, with an undertaking not to transfer or sell the vehicle during the proceedings.

Fact of the Case:

The petitioner requested to furnish necessary documents and release the vehicle, depositing the original Registration Certificate until the respondent passes appropriate orders.

Finding of the Court:

The court permitted the petitioner to furnish documents and directed the release of the vehicle on depositing the original Registration Certificate, with an undertaking not to transfer or sell the vehicle during the proceedings.

Issues: Release of vehicle, furnishing of necessary documents, and undertaking not to transfer or sell the vehicle during the proceedings.

Ratio Decidendi: The court's decision was influenced by the petitioner's request to furnish necessary documents and release the vehicle, and the respondent's agreement to the petitioner's submissions.

Final Decision: The writ petition was disposed of with the above observations, and connected miscellaneous petitions were closed. No costs were awarded.

Judgment :-

1. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to furnish all the necessary documents to substantiate its claims, made in its representation, dated 03.01.2012, and if the respondent is directed to consider the same and pass appropriate orders thereon, after giving opportunity of hearing to the petitioner.

2. The learned counsel had also submitted that the respondent may be directed to release the vehicle in question, on the petitioner depositing the original Registration Certificate relating to the said vehicle, with the respondent, until the enquiry is completed and orders are passed by the respondent, finally.

3. The learned Government Advocate appearing for the respondent has no objection for this Court passing such an order.

4. In view of the above, the petitioner is permitted to furnish all the necessary documents before the respondent, including the original Registration Certificate of the vehicle in question, to substantiate the claim made by the petitioner in its representation, dated 03.01.2012. Thereafter, the respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner. However, the vehicle in question shall be released by the respondent, forthwith, on the deposit of the original Registration Certificate relating to the said vehicle, by the petitioner. The respondent shall issue a receipt for having received the original Registration Certificate from the petitioner. Further, the petitioner shall file an affidavit before the respondent, undertaking that the vehicle shall not be transferred or sold to any third party, during the pendency of the proceedings before the respondent and that it would be produced before the respondent, as and when such production is required.

5. The petitioner shall furnish the relevant documents before the respondent, including the affidavit of undertaking, within a period of one week from the date of receipt of a copy of this order, along with the additional representation, if any. On receipt of such documents, the respondent shall conduct the enquiry, and pass appropriate orders thereon, within a period of four weeks thereafter.

6. Accordingly, the writ petition is disposed of, with the above observations. Consequently, connected miscellaneous petitions are closed. No costs.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top