IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 23116 of 2008(B) -------------------------- PETITIONER: --------------- RAMAKRISHNAN M., MELEPATT HOUSE, AMAYUR, PATTAMBI. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------------ 1. THE REGIONAL TRANSPORT OFFICER, PALAKKAD. 2. G.ANANDAKRISHNAN, CODE 1520, MOTOR VEHICLE INSPECTOR, SUB RTO PATTAMBI, PALAKKAD. ADDL.R3. K.GOPI, S/O.NARAYANAN NAIR, KRISHNA KRIPA, VEMBELATHUPADAM, KAYILIYAD, SHORANUR. (ADDL.R3 IS IMPLEADED AS PER ORDER IN IA NO.10179/08 DT 3/9/2008) BY ADV. SRI.ANIL SIVARAMAN FOR ADDL.R3 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R2 SMT.N.SANTHA FOR R2 SRI.S.A.ANAND FOR R2 SRI.PETER JOSE CHRISTO FOR R2 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23116/08 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE REGULAR PERMIT OF THE VEHILCE KL 9 K 565. EXT.P2: TRUE COPY OF THE TIME SCHEDULE OF STAGE CARRIAGE KL 9 K 565. EXT.P3: TRUE COPY OF THE DECISION OF THE RTA DT 20.11.2007. EXT.P4: TRUE COPY OF THE STAY ORDER DT 12.12.2007. EXT.P5: TRUE COPY OF THE JUDGMENT IN MVAA NO.838/07 DT 18.6.2008. EXT.P6: TRUE COPY OF THE CHECK REPORT DT 14.7.2008. EXT.P7: TRUE COPY OF THE TAX ENDORSEMENT IN KL 9 K 565. EXT.P8: TRUE COPY OF THE FITNESS CERTIFICATE OF KL 9 K 565 EXTS.OF R2 EXT.R2(a): TRUE COPY OF THE TIME SCHEDULE OF THE STAGE CARRIAGE KL 09 K 565. EXT.R2(b): TRUE COPY OF THE COMPLAINT DT NIL/6/2008 OF SRI.GOPI WITH THE END0RSEMENTS THEREON. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 23116 OF 2008 B ==================== Dated this the 3rd day of September, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P6 resulting in the seizure of the petitioner's stage carriage bearing Regn.No.KL-9 K 565. What is now pressed before me is a direction for the release of the vehicle. It would appear from the affidavits filed by respondents 2 and 3 that on the complaint made by the 3rd respondent alleging that the petitioner is violating the permit conditions by plying through unauthorised sectors, the 2nd respondent conducted enquiries and finding the allegations to be true, has seized the vehicle as per Ext.P6. Though the counsel for the petitioner has dispute on the correctness of the reasons of seizure of the vehicle, what is now sought for is its release. Answering the plea, in the counter affidavit filed by the 2nd respondent, he too has stated that it is open to the petitioner to approach the 1st respondent to seek release of the vehicle. 2. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to approach the 1st respondent seeking release of the vehicle and thereupon the 1st respondent shall consider the same and pass orders for release of the vehicle subject to such conditions as he may WPC 23116/08 :2 : deem fit. Petitioner shall produce a copy of this judgment before the 1st respondent for appropriate orders. ANTONY DOMINIC, JUDGE Rp