1. Detention of vehicle and scrap vehicle with suspected forged engine and chassis numbers — Writ for release. (Para 2 , 3 )
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2022 Supreme(Online)(MAD) 12290
HIGH COURT OF MADRAS
M. Nirmal Kumar, J
Annarani – Appellant
Versus
Regional Transport Officer – Respondent
W.P.(MD)No.12587 of 2022
Advocates:
For the Appellants/Petitioners: S. Kani Sheik
For the Respondents: P. Subbaraj
For the Appellants/Petitioners: S. Kani Sheik
For the Respondents: P. Subbaraj
The court directed the transport authority to conduct an enquiry and pass orders on the release of a detained vehicle after verifying the documents produced by the owner, specifically regarding allegations of registration number misuse and forgery.
Headnote:(A) Motor Vehicles Act - Detention of Vehicle - Allegation of forgery and misuse of registration number - Where a running vehicle and a scrap vehicle are both detained on suspicion of registration plate misuse and forgery of engine/chassis numbers, the authority must verify documents to determine the legitimacy of the vehicle. (Para 3, 7)
(B) Administrative Law - Representation - Duty to decide - When a party seeks release of impounded property through representation, the concerned authority is directed to conduct an enquiry upon verification of relevant documents and pass appropriate orders. (Para 7)
Issues: Whether the respondents should be directed to release the petitioner's vehicle following a verification of documents regarding allegations of registration forgery.
Legal Category Hierarchy
Table of Contents
2. Petitioner claims lawful ownership and rival complaint; respondents allege forged numbers and misuse of permit and registration. (Para 2 , 3 , 4 )
3. Engine and chassis numbers of genuine vehicle inscribed in scrap vehicle; no clear reason for detaining the running lorry. (Para 7 )
4. Authority must verify documents and conduct inquiry before deciding on release of detained vehicle. (Para 7 )
5. Petitioner directed to appear before authority with documents; authority to conduct inquiry and issue orders within two weeks. (Para 7 , 8 )
6. What is the procedure for release of a detained vehicle under the Motor Vehicles Act?
The registered owner must appear before the detaining authority with all relevant documents; the authority must verify and conduct an inquiry before ordering release. (Para 7 )
7. Does the detention of a scrap vehicle with forged numbers justify detaining the genuine vehicle?
The court found it unclear why the running lorry was detained solely because its number was found on a scrap vehicle, implying separate consideration may be required. (Para 7 )
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to release the Vehicles (Lorry) bearing Registration No. TN-40D-0556 with scrub bearing Engine No. 697TC45CVZ874637 to the petitioner on the basis of the petitioners representation dated 16.12. 2021
ORDER
This Writ Petition has been filed to direct the respondents to release the Vehicles (Lorry) bearing Registration No. TN-40D-0556 with scrub bearing Engine No. 697TC45CVZ874637 to the petitioner on the basis of the petitioners representation dated 16.12. 2021.
2. The petitioner had given representation on 17.12.2021 seeking for release of his vehicle bearing Reg. No. TN 40D0556. The petitioner had purchased the vehicle and necessary endorsement has been made by the Batlagundu Regional Transport Officer, Assistant Registering Officer on 29.10.2012. Later a hypothecation on 08.11.2012 with Shriram Transport Finance Company Limited was also removed on 30.12.2015. The petitioner has been using the vehicle there on. The vehicle got necessary renewal and valid permit up to 29.10.2022. This being the case on 16.12.2021 the lorry bearing Reg. No TN-40D-0556 was detained by the Motor Vehicle Inspector near O2 Hotel near Batlagundu. The petitioner's livelihood depends upon the earning from the lorry. Further submitted that by detaining the vehicle the vehicle is exposed to sun and rain and the value of the lorry got diminished. The petitioner made several representations and also produced necessary documents to the second respondent. The petitioner's apprehension is that due to business rivalry a false complaint has been given as though the petitioner is having yet another vehicle with the same registration number. Infact the vehicle which was taken from the petitioner's place unusable and not in the running condition. Finding the registration number, Engine Number and Chasis Number in the scrap vehicle is of no consequence, both the lorry and the scrap vehicles have been detained by the first respondent. Further submitted that if at all any suspicion they can only seize the scrap vehicle and not the running vehicle which is with all necessary documents. The petitioner's representation dated 17.12.20211 had not been considered, hence the present petition has been filed.
3. The learned Special Government Pleader appearing for the respondents would submit that on 16.12.2021 the vehicle and the scrap vehicle of the petitioner detained by the Motor Vehicle Inspector, Batlangundu. Engine number and the chasis number seems to be forged. The scrap vehicle was in the possession of the petitioner, hence the running vehicle and the scrap vehicle were seized. Thereafter complaint was lodged to the Inspector of Police, Pattiveeranpatti Police Station on 28.02.2022 and both the vehicles were handed over and so far they have not yet filed any First Information Report. Further the vehicle is kept is open place exposing to various weather from 16.12.2021. The first respondent had sent a memo No.47690/E3/2021 dated 15.02.2022 to the second respondent about further action taken by the police for not registering the case, thereafter too the Inspector of Police, Pattiveeranpatti had not taken any action. In connection with the same, the reply has been sent by the second respondent to the first respondent on 02.03.222. Further from the counter it is seen that:
i)Vehicle Registration No TN 40 D 0556
(Check Report No.082040 dated 16.12.2021)
Irregularities Found out : Based on the chasis number MAT3733444A7Bo7554 available in the said vehicle. The Engine Number of the said vehicle ascertained as 6971C55BZY810070 and tallied with regular Registration Number TN 40 D 0556 registered on 05.05.2010. The said Vehicle TN 40 D 0556 was covered by valid good Vehicle permit upto 29.10.2022, granted to Tmt.A.Annaran, W/o.Anthony,No.5/571, Packiyapuram Road, Kodaikanal with valid Fitness Certificate upto 06.10.2022, Insurance Certificate upto 07.08
