Madras High CourtWP/24807/2015disposed of

Mr. V. Elumalai, v. The District Collector,

2015-08-12Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.24807 of 2015 V. Elumalai [Petitioner] Vs 1 The District Collector Collector Office Kanchipuram District.

2 Revenue Divisional Officer Maduranthagam Kanchipuram District.

[Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the 2nd Respondent herein to release the Vehicle namely Ashok Leyland bearing Registration No. TN 19 W 8426 forthwith.

For Petitioner :

Mr.A.Saranraj For Respondents :

Mr.T.N.Rajagopalan, SGP

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.T.N.Rajagopalan, learned Special Government Pleader, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the 2nd Respondent to release the Vehicle, viz., Ashok Leyland Tipper Lorry bearing Registration No. TN 19 W 8426 forthwith.

3. The petitioner claims to be the owner of the vehicle, said to have been seized by the Revenue Divisional Officer. In view of seizure of the vehicle, the petitioner has given a representation dated 06.08.2015 to the 2nd respondent to release the same. Since there was no response, the petitioner has come before this Court.

4. The learned counsel for the petitioner submits that it would be suffice if a direction is given to the 2nd respondent to dispose of the petitioner's representation dated 06.08.2015 within a time frame.

5. Learned Special Government Pleader would submit that the Revenue Divisional Officer, who is the competent authority to consider the claim of the petitioner so as to release the vehicle may be directed to dispose of the said representation of the petitioner within a time frame.

6. In view of the limited prayer now sought for by the learned counsel for the petitioner and also taking into consideration the submissions made on either side, without expressing anything with regard to the merits of the case, I hereby direct the Revenue Divisional Officer, Maduranthagam, the 2nd respondent herein, to consider and pass appropriate orders on the representation of the petitioner dated 06.08.2015 with regard to release of the vehicle seized, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rg

To 1 The District Collector Collector Office Kanchipuram District.

2 Revenue Divisional Officer Maduranthagam Kanchipuram District.

1 CC to Mr.A.Saranraj, Advocate SR.No. 42252 1 CC to the Government Pleader, SR.No. 42380 W.P.No.24807 of 2015 BUR (CO) PSI (13.08.2015)