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Madras High CourtWP/1525/2016disposed of

N.Sasikumar, v. The District Revenue Officer,

2016-01-19Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.1525 of 2016 N.Sasikumar .. Petitioner Vs 1.The District Revenue Officer, O/o.Collectorate, Salem District, Salem.

2.The Inspector of Police, C.S.C.I.D., Salem.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the District Revenue Officer, Salem District, viz., the 1st respondent to return the lorry bearing Registration No.CAS 3731 seized on 19.03.2009 by the 2nd respondent pursuant to the Judgment in C.A.113/2009 dated 22.12.2014 on the file of the Principal District and Sessions Judge, Salem to the petitioner. For Petitioner : Mr.V.Balakrishnan For Respondents : Mr.A.Kumar, Spl.GP.

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.According to the petitioner, he is the owner of the lorry bearing Registration No.CAS-3731, the said vehicle was confiscated for the alleged involvement of transportation of 180 dippams Rice to the State of Kerala. The petitioner would state that his lorry was seized on 19.03.2009 and the first respondent in his proceedings dated 30.06.2009 imposed a fine of Rs.2,20,000/-. The order of the first respondent was set aside by the learned Principal District and Sessions Judge, Salem in Appeal No.113/2009 dated 22.12.2014. Subsequently, the https://hcservices.ecourts.gov.in/hcservices/

petitioner submitted his representations dated 20.02.2015 and 07.12.2015 requesting the first respondent to release the vehicle. Since, no order has been passed, the petitioner filed the present writ petition.

3.Heard the submissions of Mr.V.Balakrishnan, learned counsel appearing for the petitioner and Mr.A.Kumar, Special Government Pleader who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and pass orders on the representations of the petitioner dated 20.02.2015 and 07.12.2015 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Revenue Officer, O/o.Collectorate, Salem District, Salem.

2.The Inspector of Police, C.S.C.I.D., Salem.

3.Principal District and sessions Judge, Salem.

+1cc to Mr.V.Balakrishnan, Advocate, S.R.No.2808 +1cc to the Government Pleader Sr.3003 W.P.No.1525 of 2016 skv(CO) srg(16/02/2016) https://hcservices.ecourts.gov.in/hcservices/