K.P.Suresh Kumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9845 of 2020 K.P.Suresh Kumar S/o.Palanisamy 24, Vignesh Nagar Vilankurichi Coimbatore District.

...Petitioner

Vs.

1.The District Revenue Officer O/o. The District Collector Coimbatore District.

2.The Inspector of Police CSCID Pollachi, Coimbatore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to release the petitioner's MAHINDRA PICK UP VAN bearing registration Number TN-21-AX-1321, which was seized by the 2nd respondent on 22.05.2020 by considering the petitioner's representation dated 11.07.2020.

For Petitioner :

Mr.M.Vinoth For Respondents:

Mr.M.D.Ilayaraja Government Advocate

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. Mr.M.D.Ilayaraja, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner seeks for a mandamus directing the respondents to release the MAHINDRA PICK UP VAN bearing registration Number TN-21-AX-1321, which was seized by the 2nd respondent on 22.05.2020.

4. It is stated that the above vehicle was seized by the 2nd respondent on 22.05.2020 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 22.05.2020 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.25,000/- (Rupees twenty five thousand) before the respondents 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 respondents 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.

(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.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The District Revenue Officer, O/o. The District Collector, Coimbatore District.

2.The Inspector of Police, CSCID, Pollachi, Coimbatore District.

+1cc to the Government Pleader Sr.25508 +1cc to Mr.M.Vinoth, Advocate Sr.25319 W.P.No.9845 of 2020 ss[co] srg 03/08/2020