K.Arumugam, v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.12353 OF 2022 K.Arumugam .. Petitioner

Versus

1.

The District Revenue Officer District Revenue Office Thiruvannamalai Thiruvannamalai District 2.

The District Civil Supply Officer Thiruvannamalai Thiruvannamalai District 3.

The Inspector of Police Civil Supply Crime Investigation Department Thiruvannamalai Thiruvannamalai 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 consider the petitioner's representation dated 18.03.2022 and consequently direct the 2nd respondent to return Maruthi Suzuki Pick Up Truck bearing registration No.TN25-BH-4300 seized by the third respondent on 09.02.2022 to the petitioner herein.

For Petitioner :

Mr.D.Rajasekaran For Respondents :

Mrs.Anitha for R1 & R2 Special Government Pleader

O R D E R

The present writ petition has been filed seeking a direction to the respondents to release the petitioner's Maruthi Suzuki Pick Up Truck bearing registration No.TN-25-BH-4300 seized by the third respondent, to him.

2. Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents 1 & 2.

3. It is seen from the records that the subject vehicle was seized by the third respondent on 09.02.2022 on the allegation that the said vehicle indulged in transporting rice illegally. Such contentions made by the petitioner cannot be examined by this Court, as it is for the Adjudicating Authority to consider and decide. However, considering the fact that the vehicle was seized as early as on 09.02.2022 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. 50,000/-(Rupees fifty 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/Vacation Officer //True Copy// Sub Assistant Registrar dhk To 1.

The District Revenue Officer District Revenue Office Thiruvannamalai Thiruvannamalai District 2.

The District Civil Supply Officer Thiruvannamalai Thiruvannamalai District 3.

The Inspector of Police Civil Supply Crime Investigation Department Thiruvannamalai Thiruvannamalai District.

+1cc to Mr.D.Rajasekaran, Advocate, S.R.No.31168 W.P.No.12353 of 2022 JPL(CO) RLP(17/05/2022)