Madras High Court
Sri Sivasakthi Bus Service vs The Inspector Of Police on 19 July, 2021
W.A.(MD)No.1409 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1409 of 2021
and
C.M.P(MD).No.5845 of 2021
and
W.P(MD).No.9264 of 2021
and
W.M.P(MD).No.6977 of 2021
Sri Sivasakthi Bus Service
Rep. by its Managing Partner
R.Tamilselvan. ... Appellant/Petitioner
Vs.
1. The Inspector of Police,
B-1, Police Station,
Madurai to Rameshwaram Road,
Ramanathapuram,
Ramanathapuram District.
2. V.Palanisamy ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.9264 of 2021, dated 05.05.2021.
Prayer in W.P(MD).No.9264 of 2021: Petition under Article 226 of the
Constitution of India seeking issuance of a writ of Mandamus, directing the first
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W.A.(MD)No.1409 of 2021
respondent to immediate release and handover custody of the writ petitioner's
Firm's Public Transport Passengers' Bus bearing its Registration No.TN-63-
R-7981 and the spare bus bearing its Registration No.TN-38-AF-6285, which
operating from Paramakudi to Ramanathapuram via Muthukulathur, Sikkal and
Ervadi and consequently directed the first respondent to ensure smooth running
and plying of the petitioner's Public Transport Passengers' Bus in the interest of
the passengers as well as other Partners of the writ petitioner's Firm.
For Appellant : Mr.A.Saravanan
(Both in W.A and W.P)
For Respondents : Mr.A.K.Manikkam,
(Both in W.A and W.P) Standing Counsel for Government
for R1
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.Saravanan, learned counsel appearing for the
appellant-writ petitioner and Mr.A.K.Manikkam, learned Government Counsel
appearing for the respondents.
2. This writ appeal is directed against an interim direction issued in
W.P(MD).No.9264 of 2021 and W.M.P(MD).No.6977 of 2021, dated
05.05.2021.
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W.A.(MD)No.1409 of 2021
3. With the consent of the learned counsel appearing for the appellant
and the learned Government Counsel appearing for the first respondent, the writ
appeal as well as the writ petition are disposed of by this common judgment and
order.
4. We dispense with notice to the second respondent for two reasons.
Firstly, the interim order in the writ petition was granted at the admission stage,
without hearing the second respondent. Secondly, if there is alleged dispute
between the appellant and the second respondent, that cannot be resolved in a
writ petition nor it can be resolved by the first respondent-Police. Therefore,
notice to the second respondent is dispensed with.
5. The appellant filed the writ petition for a direction upon the first
respondent-Police to immediately release and handover the custody of the Stage
Carriage Bus, bearing registration No.TN-63-R-7981 and spare bus bearing
registration No.TN-38-AF-6285. As submitted by the learned Government
Counsel before the learned Writ Court as well before us, there is no criminal
case registered against the appellant nor against the second respondent.
However, it appears that there is some dispute between the appellant and the
second respondent and the bus is now parked in the first respondent-police
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W.A.(MD)No.1409 of 2021
station premises. It is rather surprising us as to how the first respondent-Police
has allowed private parties to park their buses in the police station premises.
This itself will give raise to a criminal offence.
6. Since there appears to be certain dispute between the appellant and
the second respondent, we direct the first respondent-Police to register a case in
respect of those two buses and produce the buses before the Court of Judicial
Magistrate and it will be open to the appellant as well as the second respondent
to file appropriate petition and seek necessary orders from the Court of Judicial
Magistrate.
7. With the above observations, the Writ Appeal and Writ Petition
stand disposed of. The first respondent-Police is directed to comply with the
above direction within a period of one week from the date of receipt of a copy
of the judgment. No costs. Consequently, connected miscellaneous petitions are
closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 19.07.2021
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W.A.(MD)No.1409 of 2021
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
The Inspector of Police,
B-1, Police Station,
Madurai to Rameshwaram Road,
Ramanathapuram,
Ramanathapuram District.
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W.A.(MD)No.1409 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1409 of 2021
19.07.2021
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