JUDGMENT :

R. SURESH KUMAR, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent herein to order the release of the Vehicle TN-55Z-7753 and also the other scrapped vehicle detained at Uthukuli Police Station.

1. The prayer sought for herein is for a Writ of Mandamus directing the respondent herein to order the release of the Vehicle TN-55Z-7753 and also the other scrapped vehicle detained at Uthukuli Police Station.

2. The petitioner is engaged in the business of quarrying and stone crushing assisted by his family members at Uthukuli. For the said purpose, the petitioner purchased a tipper lorry, bearing Registration No. TN-55Z-7753 from a third party which is of 2010 model Leyland Vehicle and the transfer of ownership of the vehicle was also effected from 15.03.2018 in the name of the petitioner through the Registering Authority, i.e. Regional Transport Officer, Tirupur North.

3. Thereafter, according to the petitioner, since some damages had occurred to the body of the vehicle, the body of the vehicle was removed with the registration number exhibited in the body and the same put in a scrapped frame of the vehicle stationed in the same site. Thereupon, a fresh body was mounted on the vehicle with the same registration number and a goods carrier permit No. 388/TN/39/GV/2018 was obtained from the respondent with effect from 30.04.2018 to 29.04.2023 and therefore, the vehicle is being used on the road.

4. While that being so, on 02.09.2021, the Motor Vehicles Inspector, Avanashi, attached to the respondent's Office, when he was engaging in vehicle inspection at Uthukuli area, found the said goods vehicle, i.e. TN-55Z-7753 parked near Jothi crusher site in Uthukuli. On finding, an inspection report was served on the driver of the vehicle one Dharmaraj, where it is stated that, there is another vehicle with the same registration number also. Therefore, the vehicle in question belongs to the petitioner has been seized by the respondent and a Police complaint has been given and a report also has been forwarded to the District Collector.

5. Pursuant to the said seizer of the vehicle on the alleged ground that, there are two vehicles found by the respondent with the same registration number, a check report was prepared dated 02.09.2021 in Check Report Nos. 110009 and 110010 and has been served on the driver of the vehicle.

6. In response to the check report, on 16.09.2021, the petitioner by way of representation has given reply as show cause to the said check report and requested the respondent to release the vehicle. Despite the said reply given on 16.09.2021 with request to release the vehicle since the same has not been considered by the respondent, the petitioner has moved the present Writ Petition.

7. Heard Mr. T. Padmanabhan. learned counsel appearing for the petitioner who would submit that, under the provisions of the Motor Vehicles Act, 1988, if at all any violation is noticed by the respondent that the permit condition is violated by the petitioner, they can conduct a limited enquiry after giving an opportunity to the petitioner and pass orders under Section 86 of the Motor Vehicles Act and without passing any orders, since the respondent keeps the vehicle ideally, the petitioner livelihood is affected. Therefore, in order to release the vehicle, a suitable direction can be given by this Court to the respondent, he contended.

8. Per contra, Mrs. Akila Rajendran, learned Government Advocate appearing for the respondent, on instructions, would submit that, since two vehicles were found with the same registration number, the vehicles were seized and in this regard, a report has been already submitted to the District Collector concerned.

9. Insofar as the request and the response made by the petitioner to the check report given by the respondent is concerned, the same would be considered in accordance with the provisions of the Motor Vehicles Act e