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Madras High CourtWP/234/2022disposed of

S.Balaveni v. The District Revenue Officer

2022-01-10Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No. 234 of 2022 S.Balaveni .. Petitioner

Versus

1. The District Revenue Officer, Salem District, Salem.

2. The Inspector of Police, CSCID, Salem District.

Crime No.176 of 2021 .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to release the light goods vehicle namely TATA ACE Van bearing No.TN 30 AB 4338 seized by the second respondent on 03.12.2021 to the petitioner.

For Petitioner :Mr. I.C.Vasudevan For Respondents :Mr. P.Gurunathan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the first respondent to release the vehicle namely TATA ACE Van bearing No.TN 30 AB 4338 seized by the second respondent on 03.12.2021 to the petitioner.

2. According to the Petitioner, he is the owner of the vehicle of the said Vehicle viz., TATA Ace bearing Registration No. TN-30-AB-4338 and the said vehicle has been used for the purpose of transporting goods with a valid permit.

3. On 03.12.2021, while transporting unbranded wheat (PDS wheat), the respondent seized the petitioner's vehicle on the

allegation that the petitioner used his vehicle for carrying PDS wheat without any valid permit and registered a case in Crime No.176 of 2021 before the second respondent and the said vehicle was parked at the office of the first respondent. Therefore, the petitioner has given a representation to the respondents to release his vehicle. Till date, the respondents have not taken any steps to release the said vehicle. Hence, the petitioner has filed the present petition before this Court seeking appropriate directions.

4.The learned counsel for the petitioner submitted that the vehicle is now under the custody of the first respondent. If the respondents will not release the said vehicle, the value of the vehicle will be lost. The learned counsel further submitted, on instructions, that the petitioner, without prejudice to his rights, is ready to deposit an amount of Rs.50,000/- (Rupees Fifty thousand only) to the credit of the crime number. Hence, this Court may issue a direction to the respondents to take necessary steps on the representation submitted by the petitioner.

5.The learned Additional Government Pleader submitted that if the petitioner is ready to deposit the value of the vehicle, i.e., Rs.50,000/-, he has no objection to release the said vehicle.

6.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials placed on record.

7.Considering the facts and circumstances of the case and also having regard to the submissions made by the Learned counsel appearing on either side, this Court passed the following order: i. The petitioner, without prejudice to his rights and contentions shall deposit a sum of Rs.50,000/- (Rupees One Fifty thousand only) to the credit of the crime number before the second respondent within a period of two weeks from the date of receipt of a copy of this order;

ii. the petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the Authority;

iii. after perusing the receipt of payment and the relevant documents as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle,

within a period of one weeks from the date of deposit; iv. the petitioner shall not use the said vehicle for any unlawful purpose and also shall not alienate the same during the pendency of the proceedings; and v. it is open to the respondents to initiate proceedings in accordance with law and pass appropriate orders on merits, as expeditiously as possible.

8.

With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar Rli To

1. The District Revenue Officer, Salem District, Salem.

2. The Inspector of Police, CSCID, Salem District.

Crime No.176 of 2021 +1cc to Mr.I.C.Vasudevan, Advocate SR.No.2061 +1cc to the Government Pleader, SR.No.2265 W.P. No. 234 of 2022 PMK(CO) CB(31/01/2022)