TADPATRI LORRY OWNER'S ASSOCIATION Vs. M. RAJU

JUDGEMENT

(1.) WAMP. No. 271 of 2014 is filed to grant leave to the petitioner to file writ appeal against the order dated 31.12.2012 of the learned Trial Judge in W.P. No. 40356 of 2012. Leave granted to prefer appeal to the petitioner, who is the Lorry Owner's Association, as we are absolutely satisfied that this association was seriously prejudiced and affected by the impugned judgment and order. We take up this appeal for final hearing today itself, as all the parties agree to.

(2.) This appeal is directed against the judgment and order dated 31.12.2012 by which the learned Trial Judge directed the respondent to release the seized vehicle upon realization of penalty amount @ Rs. 1,000/- per tonne in case of overloading up to 15% of maximum capacity and beyond this @ Rs. 2,000/- per tonne. While disposing of the matter interpreting Section 194 of the Motor Vehicles Act, 1998 (for short, "the Act"), His Lordship has laid down principle of applying above section.

(3.) Upon perusal of the impugned judgment and order, it appears to us that the learned Trial Judge has taken the role of legislator and adjudicator. His Lordship by the impugned judgment and order has substituted so to say the existing penal provision, namely; Section 194 of the Motor Vehicles Act, 1988, which reads as under: