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Madras High CourtWP/13799/2017disposed of

P.Shanmugam v. The Revenue Divisional Officer

2017-06-05Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.13799 of 2017 Mr.P.Shanmugam ... Petitioner Vs.

1. The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.

2. The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

... Respondents Prayer: 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 Tipper lorry bearing registration No.TN58 S 8097 which was seized by the 2nd respondent on 06.05.2017 and thereby consider the petitioner's representation dated 08.05.2017.

For Petitioner : Mr.G.Punniyakotti For Respondents : Mr.C.Jagadish Special Government Pleader

O R D E R

Mr.C.Jagdish, learned Special Government Pleader, takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus directing the respondents to release the Tipper Lorry bearing Regn.No.TN58 S 8097 seized by the second respondent on 06.05.2017.

3. It is stated that the above vehicle was seized by the second respondent on 06.05.2017 on the allegation that the said vehicle was indulged in transporting sand in violation of certain provisions under the Tamil Nadu Minor Mineral Concession Rules, 1959. According to the petitioner, there was no such violation and on the other hand, it was used only for the personal consumption of the petitioner. Needless to say that it is for the authority to consider such claim of the petitioner and pass appropriate orders and therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. However, considering the fact that the vehicle was https://hcservices.ecourts.gov.in/hcservices/

seized as early as on 06.05.2017 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.25,000/- (Rupees twenty five thousand) 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 in proof of such ownership.

(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the respondents shall release the same 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 first respondent to initiate proceedings in accordance with law and pass appropriate orders on merits and in accordance with law 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.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To 1.The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.

2.The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

+1cc to Mr.G.Punniyakotti, Advocate, S.R.No.39879 W.P.No.13799 of 2017 KS(CO) CA(06/06/2017) https://hcservices.ecourts.gov.in/hcservices/