THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION No.5176 of 2025

ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent No.3 in seizing the petitioner’s vehicle bearing No.TS-07-UF-5667 vide vehicle Check Report No.TG920/DECEMBER2024/3468, dated 23.12.2024, as arbitrary and illegal and consequently to direct respondents to release the aforesaid vehicle.

2. It is the case of the petitioner that he is the owner of Goods Carriage Vehicle bearing Registration number TS-07-UF- 5667 as a Goods Carriage Vehicle and the said vehicle was covered by Goods Carriage Permit, Registration and valid documents and the same was authorized to operate throughout India, except on prohibited routes.

3. It is the contention of learned counsel for the petitioner that the petitioner is operating the subject vehicle by obtaining valid documents from the competent authority. He further submitted that while plying, the said vehicle was stopped and checked by respondent No.3 at Wankidi Check Post and seized the vehicle on 23.12.2024 under the vehicle Check Report No. TG920/DECEMBER2024/3468 and in the said vehicle check report, respondent No.3 found the following irregularities:

1. No proof of Tax Payment.

2. No proof of Fitness Certificate.

3. No proof of Insurance Certificate.

4. No proof of Pollution Certificate.

5. No proof of Tax Payment for the Quarter Ending

31/12/2024.

4. It is further stated that respondent No.3 has insisted the petitioner to pay a 200% penalty on the tax as a condition for release the said vehicle. Learned counsel for the petitioner further submitted that though the petitioner is not liable to pay either any penalty or compounding fee of the said vehicle, the respondents are insisting to pay the penalty and compounding fee, as a condition for releasing of the said vehicle.

5. Learned Government Pleader for Transport appearing for the respondents has submitted that if the petitioner pays the admitted tax and compounding fee, the vehicle in question will be released. It is further submitted that the respondents may be allowed to proceed for conducting assessment proceedings, in accordance with law.

6. In view of the said submissions, the Writ petition is disposed of directing the respondents to release the subject vehicle bearing No.TS-07-UF-5667, which was seized under vehicle Check Report No. TG920/DECEMBER2024/3468, dated 23.12.2024 subject to the petitioner paying the admitted tax. The respondents are at liberty to proceed for conducting assessment proceedings, if any, in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

____________________ JUSTICE K.SARATH Date:12.06.2025

EDS

THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION No.5176 of 2025 Date:12.06.2025

EDS