Muhammad Salim v. The District Revenu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12359 of 2021 Muhammad Salim C.S.

...Petitioner

Vs

1. The District Revenue Officer, Coimbatore, Coimbatore District.

2. State rep.by its The Inspector of Police Civil Supply - CID-Pollachi, Coimbatore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent to release the Mahindra Jeeto Mini Truck (Auto) bearing Registration No. KL-48-L-1983 seized by the second respondent on 22.04.2021 to the petitioner. For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.G.Krishnaraja, GA

O R D E R

The present writ petition has been filed seeking a direction to the first respondent to release the Mahindra Jeeto Mini Truck (Auto) bearing Registration No.KL-48-L-1983 seized by the second respondent to the petitioner.

2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.

3. It is seen from the records that the subject vehicle was seized by the second respondent on 22.04.2021 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 22.04.2021 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.10,000/-(Rupees ten thousand only) 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.

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

4. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar av

To

1. The District Revenue Officer, Coimbatore, Coimbatore District.

2. The Inspector of Police Civil Supply - CID-Pollachi, Coimbatore District.

+1cc to Mr.W.Camyles Gandhi,Advocate, SR No. 35827 +1cc Government Pleader SR. No.36235 W.P.No.12359 of 2021 SR II(CO) B.VC (02/08/2021)