Kerala High Court
C. Manoj Kumar vs The Regional Transport Officer on 13 April, 2023
WP(C) No.13942/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 13942 OF 2023
PETITIONER:
C. MANOJ KUMAR, AGED 45 YEARS, S/O CHANDRASEKHARA PILLAI SARANYA,
KURA P.O, KOLLAM, PIN - 691557
RESPONDENTS:
1. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, REGIONAL TRANSPORT
OFFICE, ERNAKULAM, PIN - 682030
2. THE ASSISTANT MOTOR VEHICLES INSPECTOR REGIONAL TRANSPORT OFFICE,
ERNAKULAM, PIN - 682030
3. THE REGIONAL TRANSPORT OFFICER KOLLAM, REGIONAL TRANSPORT OFFICE,
KOLLAM, PIN - 691001
4. THE JOINT REGIONAL TRANSPORT OFFICER PATHANAPURAM,SUB REGIONAL
TRANSPORT OFFICE PATHANAPURAM, KOLLAM, PIN - 689695
5. THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT GOVERNMENT,PIN
-695001
6. THE TRANSPORT COMMISSIONER TRANS TOWER, VAZHUTHACAUD
THIRUVANANTHAPURAM, PIN - 605036
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing the lot respondent to order
immediate release of the petitioner's vehicle seized and detained under
cover of Exhibit P4 mahaser, pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.DEEPAK & NAZRIN BANU, Advocates for the petitioner, the court
passed the following:
WP(C) No.13942/2023 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No. 13942 of 2023
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Dated this the 13th day of April, 2023
ORDER
Sri. P. Deepak, the learned counsel appearing for the petitioner,
submits that the contract carriage vehicle owned by the petitioner was
seized on the cover of Ext. P4 Mahazar on the allegation that the petitioner
had carried out illegal stage carriage operations. Reliance is placed on
Section 207 of the Motor Vehicles Act, and it is urged that the respondents
are bound to release the vehicle by imposing appropriate conditions.
Reliance is placed on Ext. P10 judgment rendered by the learned Single
Judge to substantiate his contention.
2. Having regard to the submissions advanced, there will be an
interim direction directing the concerned respondent to immediately release
the vehicle bearing Reg No. KL-24-C-8808 seized and detained under Ext. P4
Seizure Mahasar.
3. The petitioner shall file an undertaking before the authority that
the said vehicle shall not be used at any stage for stage carriage operations.
However, he will be at liberty to carry out all the contract carriage
WP(C) No.13942/2023 3/4
W.P.(C) No. 13942 of 2023
operations. There will be further direction to the concerned authority to
conclude the proceedings as expeditiously as possible.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
WP(C) No.13942/2023 4/4
APPENDIX OF WP(C) 13942/2023
Exhibit P4 A TRUE COPY OF THE SEIZURE MAHASER DATED 04.03.2023
