J.Sambath v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY J.SAMBATH ... Petitioner Vs 1.

THE TAHSILDAR, CHETPET TALUK, THIRUVANAMALAI DISTRICT.

2.

THE INSPECTOR OF POLICE, PERNAMALLUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent herein to dispose the pending representation dated 16.12.2024 by releasing the petitioner's tractor with tipper bearing Registration No. TN 25 W 5342 which has been kept under the custody of the second respondent for the past seven years within the specific period prescribed by this Court. For Petitioner : Mr.G.Thamayanthi For R1 : Mr.E.Vijay Anand Additional Government Pleader For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

This writ petition is filed with a prayer to direct the second respondent to dispose of the pending representation dated 16.12.2024 by releasing the petitioner's tractor with tipper bearing Registration No. TN 25 W 5342, which has been kept under the custody of the second respondent for the past seven years, within the specific period prescribed by this Court.

2. When the matter came up for hearing, Dr. C.E. Pratap, the learned Government Advocate (Crl. Side), appearing on behalf of the second respondent, submitted that as of today, there is no FIR pending with the second respondent or any other police station.

3. Mr. E. Vijay Anand, the learned Additional Government Pleader, taking notice on behalf of the Tahsildar, submitted that it is true that the vehicle was seized. He would like to ascertain whether any private complaint has been filed in the matter or not. It can be seen that the seizure took place in the year 2018. Six years have passed and no confiscation proceedings have been initiated nor the petitioner's vehicle has been produced before any Court, by depositing it before the concerned Court. The respondents will no longer 2/4

be justified in having the custody of the vehicle.

4. In view thereof, the writ petition stands allowed. The respondents are directed to release the tractor with the tipper bearing Registration No. TN 25 W 5342 to the petitioner within a period of two weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. No costs.

14.03.2025 nsl To 1.

THE TAHSILDAR, CHETPET TALUK, THIRUVANAMALAI DISTRICT.

2.

THE INSPECTOR OF POLICE, PERNAMALLUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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