S RAVIRAJAN Vs. REGIONAL TRANSPORT OFFICER PERAMBALUR

JUDGEMENT

(1.) THE petitioner has sought for a writ of Certiorari, to quash the order of the Regional Transport Officer, Perambalur in R. No. 6670/A2/2003 dated 3.4.2003 in respect of vehicle No. T.N. 09/M 1011 and for further orders.

(2.) THE petitioner is the owner of the above said vehicle covered by tourist permit issued by the State Transport Authority, Pondicherry and the permit is valid upto 5.12.2004. THE insurance certificate and the fitness certificate were also valid upto 5.12.2004. On 13.3.2003, the vehicle was checked by the Motor Vehicle Inspector, Grade I, Perambalur and based on the check report, the vehicle was seized. As per the direction of this Court in W.P. No. 8550 of 2003, the seized vehicle was directed to be released subject to filing undertaking to appear and produce the vehicle as and when required and not to transfer or encumber the vehicle in question.

(3.) PER contra, Mr. C. Ramesh, learned Additional Government Pleader appearing for the respondent referring to impugned order submitted that the vehicle was checked near Mangalamedu Police Station on Trichy-Chennai Highway Road and it was found to have been operated without a permit and the person in charge of the vehicle was not in possession of registration certificate, Insurance certificate, tax token, permit, D.L. and such other records. The learned counsel appearing for the respondent further submitted that on verification of records, it was found that the vehicle had plied in Tamil Nadu without renewal of authorisation beyond 27.5.2002 and payment of tax due to the Government of Tamil Nadu is very serious offence as per the provisions of the Tamil Nadu Motor Vehicles Act, read with rules of the Tamil Nadu Motor Vehicles Taxation Act. Further, the petitioner is liable to pay the tax as per Section 3 of the Tamil Nadu Motor Vehicles Taxation Act along with compounding fee of Rs. 2200/-.