V.Karnan v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P. NO. 13377 of 2015 V. Karnan .. Petitioner -vs1. The Revenue Divisional Officer Hosur Krishnagiri District.

2. The Tahsildar Hosur Krishnagiri.

.. Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle Lorry bearing its Registration No. TN 30 T 5005 to the petitioner and pass further orders.

For petitioner : Mr. M. Balaji For respondents : Mr. T.N. Rajagopalan, Special Government Pleader

ORDER

Mr. V. Karnan, who is the owner of the lorry bearing Registration No. TN 30 T 5005, on letting it out on daily rent basis to the constructions works, in and around Dharmapuri and Krishnagiri District for the purpose of taking gravel sand from a Kanmoi situated near Hosur to the construction site at Hosur Town, aggrieved by seizure of his vehicle while transporting gravel sand from the said Kanmoi to Bangalore, has come to this Court seeking for a direction to the respondents to release his Lorry bearing Registration No. TN 30 T 5005.

2. Learned counsel appearing for the petitioner would submit that when the lorry of the petitioner was working only within https://hcservices.ecourts.gov.in/hcservices/

Hosur area, entertaining a doubt that his lorry was carrying gravel sand without permit, it was seized.

However, on further representation of the petitioner to release his vehicle, the first respondent refused. Therefore, seeking for the above direction, the petitioner is before this Court.

3. Mr. T.N. Rajagopalan, Special Government Pleader takes notice for the respondents and would submit that the petitioner has not shown the permit for carrying the gravel sand and therefore he may be given an opportunity to approach the first respondent, by making an application for release of the vehicle and on production of the valid permit by the petitioner, the first respondent will consider his representation on merit. His statement is recorded.

4. In the above circumstances, the petitioner is directed to approach the first respondent along with a copy of this order and file an application for release of the vehicle along with the permit. On receipt of the same, the first respondent shall consider release of the vehicle. It is needless to mention that the said exercise shall be completed within a period of five days from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No order as to costs.

avr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Revenue Divisional Officer Hosur, Krishnagiri District.

2. The Tahsildar, Hosur, Krishnagiri.

+ 1 cc to Government Pleader SR 24707 sr(co) prk26/5 W.P. NO. 13377 of 2015 https://hcservices.ecourts.gov.in/hcservices/