THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 47 of 2006 DATED: 05.01.2006 Between: Geetha. … PETITIONER AND The Deputy Transport Commissioner and another. … RESPONDENTS ORDER: The vehicle of the petitioner bearing Registration No. TN OU/D 2686 was seized by the 2nd respondent, through Vehicle Check Report, dated 06.12.2005, on the grounds that the petitioner did not produce the relevant documents in relation to the vehicle and that the vehicle was being plied on hire alternatively for a period of more than three years. The petitioner challenges the seizure in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport. A perusal of the Vehicle Check Report, dated 06.12.2005, discloses that the petitioner did not produce R.C., F.C., I.C., Driving Licence, Permit, P.U.C., and Temporary Permit and that the vehicle was being plied on hire alternatively for a period of more than three years. Certain other lapses were also pointed out. The liability of the petitioner in the context of these observations needs to be established in the proceedings to be initiated under the relevant provisions of the Motor Vehicles Act. If the vehicle is detained and kept in the custody of the 2nd respondent, till such proceedings take place, not only the petitioner would be put to irreparable loss, but also the vehicle would be exposed to the danger of theft and damage. The interest of the State can be protected by imposing necessary conditions while permitting the petitioner to keep the custody of the vehicle. For the foregoing reasons, the writ petition is disposed of, directing that; a. the vehicle of the petitioner bearing Registration No. TN OU/D 2686, shall be released to him, on his depositing a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred Only); b. the petitioner shall also furnish an undertaking to the effect that he shall not alienate the vehicle till the proceedings in pursuance of the Check Report are finalized and that he shall produce the vehicle as and when required; and c. the petitioner shall be entitled to ply the vehicle, if only it is covered by the necessary documents. d. There shall be no order as to costs. _________ 05.01.2006 Note: Issue C.C. by tomorrow. (B/o) Jsu