RISHAB INVESTMENTS Vs. MOTOR VEHICLES INSPECTOR

JUDGEMENT

(1.) THE financier of the vehicle which was subjected to hire purchase agreement, has sought for a Writ of Mandamus directing the respondent to release the vehicle bearing registration No.TN/02/Z/9199 to the petitioner or their representative.

(2.) FACTS leading to the writ petition are as follows: The petitioner is a firm represented by its partner engaged in finance business. One Mr.B.Ramalingam of Pondicherry is the registered owner of the vehicle covered by a Contract Carriage Omni bus permit issued by the State Transport Authority, Pondicherry. The vehicle was issued with a special permit for a period period of 7 days from 4.9.2000 to 10.9.2000 for carrying Tourists from Pondicherry to different places in Tamil Nadu and for return journey to Pondicherry. The said vehicle was subjected to hire purchase agreement and according to the petitioner, they are the real owner of the vehicle till the entire amount under the agreement is paid by the registered owner. The registered owner is only a hirer. The petitioner has further submitted that the vehicle was subjected to check by the Motor Vehicle Inspector Grade-I, Perambalur on 11.9.2000 about 11.30 p.m.

(3.) IT is the further case of the petitioner that out of the alleged due of Rs.1,10,000/-, a sum of Rs.10,000/- was already paid by the petitioner. In W.P.No.6230 of 2002 filed by the petitioner for issue of a writ of Mandamus, forbearing the second respondent from collecting the tax for the above said vehicle for July, August, 2000 and for the release of the vehicle, this court by order dated 27.2.2002, directed the petitioner to submit his explanation-cum-representation within 7 days with a direction to the respondent to pass orders in accordance with law, after giving an opportunity of personal hearing to the petitioner. The second respondent once again by an order dated 2.4.2002 directed the petitioner to pay a sum of Rs.99,000/- and also informed him that the question of release of the vehicle would be considered only after payment of difference of tax and after the disposal of the Criminal case No.76/2001, pending on the file of Prembalur Court.