The court established a precedent allowing the release of vehicles under specific conditions when registration orders are contested, ensuring adherence to established procedures.

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the Impugned Order of the 1st Respondent in his Proceedings in Pros.R.No.8475/A2/2023 dated 12.07.2023 and quash the same and consequently direct the 1st Respondent to release the petitioner’s vehicle bearing registration TN 22 CH 1673 to the Petitioner.

For Petitioner(s): Mr.J.Jayan For Respondent(s): Mrs.S.Anitha, SGP

ORDER

This writ petition is filed to call for the records of the impugned order of the first respondent in his Proceedings in Pros.R.No.8475/A2/2023 dated 12.07.2023 and quash the same and consequently direct the first respondent to release the petitioner’s vehicle bearing registration TN 22 CH 1673 to the Petitioner.

2. The case of the petitioner is that the petitioner has purchased a four wheeler i.e., Trax Cruiser from one K.Murugan, bearing Registration No.TN 22 CH 1673 for a sale consideration of Rs.6,00,000/-. Thereafter, the first respondent inspected the vehicle and transferred a registration certificate in the name of the petitioner. Under these circumstances, a show cause notice dated 19.05.2023 was issued by the first respondent for cancellation of registration certificate, alleging that the said vehicle was registered by fraudulent user ID, wherein non-payment of appropriate fee and taxes caused revenue loss to the Government. Whileso, the first respondent passed an order dated 12.07.2023 by cancelling the certificate of registration and ordered for surrender of said vehicle's registration certificate. Challenging the same, the petitioner has come forward with the present writ petition.

3. Learned counsel of the petitioner would submit that the petitioner has surrendered the registration certificate before the first respondent. Pursuant to which, the respondents have seized the vehicle and retained the same by virtue of the vehicle inspection record dated 01.10.2022. It is further submitted that this Court in similar writ petition has passed an order for releasing the vehicle subject to certain terms and conditions. Accordingly, he prays for appropriate order.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. As per the impugned order dated 12.07.2023, the petitioner has surrendered the registration certificate of the said vehicle. However, beyond the scope of the impugned order, the respondents have retained the vehicle by virtue of vehicle inspection record dated 01.10.2022. Further, it is apropos to mention that the issue in this writ petition is no longer res-integra and the same is covered by the dictum laid down by this Court in W.P.No.7333 of 2023 dated 20.04.2023, wherein permission was granted to the petitioner therein to take custody of the vehicle on certain terms and conditions. For better appreciation, the relevant portion of the said order is extracted hereunder:

"9.On the other hand, if the vehicles are going to be kept in the RTO office, it will be exposed to rain and shine and ultimately, it will become a scrap over a period of time. Under such circumstances, it will not be of any use either to petitioner or to the authorities. It is only under these circumstances, the learned single Judge of this Court had passed earlier orders permitting the petitioners therein to take custody of the car by giving undertaking. Some consistency must be maintained while passing orders and this Court is also inclined to permit the petitioner to take custody of the car subject to the following conditions:

a) The petitioner is directed to give an undertaking before the concerned RTO that the car will be kept in the residence and it will not be put to use at any point