IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12878 of 2008 Between: S.Kumar S/o.A.Selvaraj 14/33 Vallam Bangaru Street Purasaiwalkkam Chennai-7 ..... PETITIONER AND 1 The Deputy Transport Commissioner and Secretary Regional Transport Authority Nellore District 2 The Regional Transport Officer Nellore District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in detaining the original Registration Certificate of the vechicle TN 01/K 2773 without any authority of law while releasing the vechicle is illegal and arbitrary and consequently direct the respondents to return the original registration Certificate of the V.No.TN 01/K 2773 in favour of the petitioner forthwith and pass Counsel for the Petitioner:MR.S.ARIFULLAH Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 12878 of 2008 Order: This writ petition is filed seeking a Mandamus declaring the action of the 2nd respondent-Regional Transport Officer in detaining the original registration certificate, while releasing the vehicle bearing No. TN 01/K 2773, as illegal and arbitrary, and consequently to direct the respondents to return the original registration certificate of the said vehicle to the petitioner. The petitioner claims to be owner of the vehicle bearing registration No. TN 01/K 2773. When the said vehicle was seized by the 2nd respondent-Regional Transport Officer, under a Check Report No. 0930917, dated 18.05.2006, on the ground that the petitioner has violated certain conditions of the permit and failed to produce the required documents, the petitioner filed W.P. No. 10371 of 2006 seeking release of the said vehicle, and a Division Bench of this Court, by order dated 25.05.2006, disposed of the said writ petition with a direction to release the subject vehicle to the petitioner on certain conditions. Now the grievance of the petitioner is that while releasing the vehicle, the 2nd respondent has detained the original registration certificate of the vehicle, and the enquiry is also not completed. Questioning the said action of the 2nd respondent, the petitioner filed the present writ petition. When the matter is taken up for admission, learned Government Pleader for Transport appearing on behalf of the respondents, on instructions, submits that they will complete the enquiry within a period of four weeks and pass final orders in the matter. In view of the submission made by the learned Government Pleader for Transport, I deem it appropriate to dispose of the writ petition with the following directions: The respondents are directed to complete the enquiry pending against the petitioner and pass appropriate final orders thereon in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. In case, if the petitioner is exonerated in the enquiry, the respondents shall return the original documents to him. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 20.06.2008 Nsr