DATE:10.02.2011

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2802 of 2009

K.Elumalai .... Petitioner

..Vs..

1.The Regional Transport Officer

Puducherry

2.The Sub Inspector of police

Kirumambakkam Police Station

Puducherry .... Respondents

Prayer: Petition filed seeking for a writ of Mandamus, directing the respondents herein to forthwith release the petitioner's Contract Carriage Share Auto bearing Vehicle No.TN-31-D-6131 impounded and kept with the custody of the 2nd respondent herein. For Petitioner : Mr.Radha Gopalan

For Respondent : M/s.N.Mala

Government Advocate (Pondy)

O R D E R

This Writ Petition is for issue of a Writ of Mandamus, to direct the respondents to forthwith release the petitioner's Contract Carriage Share Auto bearing Vehicle No.TN-31-D-6131, impounded and kept with the custody of the 2nd respondent.

2. The learned counsel for the petitioner placed reliance on the order dated 11.12.2009 passed by this Court, in W.P.No.25163 of 2009 wherein, under similar circumstances, this Court directed the second respondent therein to release the vehicle subject to certain conditions.

3.Hence, following the order passed by this Court, dated 11.12.2009, in W.P.No.25163 of 2009, the second respondent is directed to release the vehicle bearing vehicle No.TN-31-D-6131 on the following conditions: (i) The petitioner shall prove the ownership of the vehicle by producing the necessary documents such as Registration Certificate, license, permit tax, etc., to the satisfaction of the authorities.

(ii)The Petitioner shall file an affidavit of undertaking to the effect that he will produce the vehicle as and when required by the respondents and will not alienate/encumber the vehicle without prior orders of the second respondent; and (iii) It is open to the respondents to take appropriate action against the petitioner for violation of the permit conditions under the Motor Vehicles Act.

The writ petition is disposed of accordingly. No costs. Index:Yes/No 10.02.2011

Internet:Yes/No

arr

Note: Issue order copy on 11.02.2011

To

1.The Regional Transport Officer

Puducherry

2.The Sub Inspector of police

Kirumambakkam Police Station

Puducherry

M.JAICHANDREN,J

arr

Writ Petition No.2802 of 2011