1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.A.(MD)No.1096 of 2011 and M.P.(MD)No.1 of 2011 Manoharan .. Appellant vs. 1.The Deputy Transport Commissioner, Deputy Transport Commissioner Office, Madurai. 2.The Registering Authority, Madurai (South),Madurai. 3.Murugesan 4.The Assistant Commissioner of Police, Anna Nagar, Madurai City. 5.The Inspector of Police, Anna Nagar Police Station, Madurai. .. Respondents Writ Appeal is filed under Clause 15 of the Letters Patent against the order of this Court dated 29.09.2011 passed in W.P.(MD)No.11179 of 2011. Prayer in WP(MD)No.11179 of 2011 : Writ petition is filed under Article 226 of the constitution of India, praying for the issuance of a writ of certiorari to call for the records pertaining to R.No.14461/A2/2011 dated 14.09.2011 pased by the second respondent and quash the same as illegal. For appellant : Mr.R.Murugappan For respondents- : Mr.S.Venkatesh 1, 2, 4 & 5 Government Pleader JUDGMENT (Judgment of the Court was delivered by K.N.BASHA, J) Mr.S.Venkatesh, learned Government Pleader, takes notice for the respondents 1, 2, 4 & 5. By mutual consent, the Writ Appeal itself is taken up for final hearing. 2. Challenge in this appeal is to the order of the Writ Court dated 29.9.2011 passed in W.P.(MD)No.11179 of 2011 dismissing the Writ Petition in challenging the order of the second respondent dated 14.9.2011 directing the appellant to surrender the R.C.Book of the appellant's motor Car (Sonalica, Rhino) bearing Regn.No.TN 63 J 8227. 3. The learned counsel appearing for the appellant would submit that the appellant is solely depending on this car for his livelihood and the appellant has also preferred an appeal and the same is pending before the https://hcservices.ecourts.gov.in/hcservices/ 2 appellate authority viz., the first respondent herein. It is further contended by the learned counsel for the appellant that there is absolutely no complaint made against the appellant in respect of the possession of the said motor Car and, being the purchaser of the vehicle, he is possessing and using the vehicle all along. 4. Heard the learned Government Pleader on the submissions made by the learned counsel appearing for the appellant. It is contended by the learned Government Pleader that while dismissing the Writ petition, this Court has granted liberty to the appellant to prefer a statutory appeal before the appellate authority and as such, the appellant may not have any grievance. 5. We have carefully considered the rival submissions made on either side and perused the materials available on record including the impugned order and the order passed by the Writ Court. 6. A perusal of the order passed by the Writ Court would make it clear that the Writ Court dismissed the Writ Petition on the ground of availability of alternative remedy i.e. filing of appeal before the appellate authority and as a matter of fact, such liberty was also given to the appellant for preferring the appeal. It is now brought to the notice of this Court by the learned counsel appearing for the appellant that he has already preferred an appeal before the first respondent and the same is pending and he has also filed a stay petition along with that appeal but so far no order has been passed in the stay petition. 7. Considering such submission, we are constrained to direct the first respondent to consider the stay petition filed along with the appeal preferred by the appellant, before considering the main appeal, and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Till such time, there will be an order of status- quo in respect of possession of R.C.Book by the appellant herein Accordingly, the Writ Appeal is disposed of. The connected Miscellaneous Petition is closed. No costs. SD/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Deputy Transport Commissioner,Deputy Transport Commissioner Office, Madurai. 2.The Registering Authority, Madurai (South), Madurai. 3.The Assistant Commissioner of Police, Anna Nagar, Madurai City. 4.The Inspector of Police, Anna Nagar Police Station, Madurai. asvm W.A.(MD)No.1096 of 2011 and M.P.(MD)No.1 of 2011 20.10.2011 TR : 08.11.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/