Jayaramareddy v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.8394 of 2021 Jayaramareddy

...Petitioner

Vs 1.The District Revenue Officer, O/o. The District Collector, Tirupathur District.

(R1 cause title amended vide Order, dated 30.07.2021 made in WMP No.11268 of 2021 in WP No.8394 of 2021) 2.The Inspector of Police CSCID, Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to release the petitioner's ASHOK LEYLAND DOST VAN bearing Registration No.KA-08-9461 which was seized by the 2nd respondent on 18.08.2020 by considering the petitioner's representation, dated 18.03.2021.

For Petitioner :

Mr.R.Parthiban For Respondents :

Mr.G.Krishnaraja, Government Counsel

O R D E R

The present writ petition has been filed seeking a direction to the respondents to release the vehicle viz., ASHOK LEYLAND DOST VAN bearing Registration No.KA-08-9461 seized by the second respondent to the petitioner.

2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.

3. It is seen from the records that the subject vehicle was seized by the second respondent on 18.08.2020 on the allegation that the said vehicle was indulged in transporting rice illegally. Therefore, this Court, at this stage, is not expressing any view on the contentions made by the petitioner against the allegations made, as it is for the Adjudicating Authority to consider and decide. However, considering the fact that the vehicle was seized as early as on 18.08.2020 and the same is kept idle thereby exposing it to sun and rain, which undoubtedly would diminish its value, this Court is of the view that the following order will protect the interest of both parties:

(a) The petitioner shall deposit a sum of Rs.50,000/-(Rupees fifty thousand only) before the first respondent within a period of two weeks from the date of receipt of a copy of this order.

(b) The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the authority.

(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle forthwith.

(d) 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.

(e) It is open to the respondent to initiate proceedings in accordance with law and pass appropriate orders on merits, within a period of three months from the date of receipt of a copy of this order.

(f) If no such order is passed within the time stipulated therein, the amount so paid by the petitioner shall be refunded to the petitioner. (g) This order for release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of criminal Court. If the vehicle is in the custody of the criminal Court,

it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law.

4. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar vum To 1.The District Revenue Officer, O/o. The District Collector, Tirupathur District.

2.The Inspector of Police CSCID, Vellore District.

+1cc to the Government Pleader SR.No.39750 W.P.No.8394 of 2021 SSI(CO) RVM(27/08/2021)