S.Hakkim v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11176 of 2020 S.Hakkim

...Petitioner

Vs.

The District Revenue Officer Coimbatore District.

Coimbatore.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to release the Bajaj Auto LTD bearing Registration No.TN-99-R-0648 seized by the Inspector of Police, Civil Supplies CID, Pollachi on 28.07.2020 to the petitioner. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.MD.Ilayaraja Government Advocate

O R D E R

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

2. Mr.MD.Ilayaraja, learned Government Advocate takes notice for the respondent. 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 respondent to release the Bajaj Auto LTD bearing Registration No.TN-99-R-0648 seized by the Inspector of Police, Civil Supplies CID, Pollachi on 28.07.2020 to the petitioner.

4. It is stated that the above vehicle was seized by the the Inspector of Police, Civil Supplies CID, Pollachi on 28.07.2020 on the allegation that the said vehicle was indulged in transporting PDS 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 28.07.2020 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.10,000/- (Rupees ten thousand) before the 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 respondent 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 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.

(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(CS I) //True Copy// Sub Assistant Registrar

vri To 1.The Judicial Magistrate, Coimbatore.

2.The District Revenue Officer Coimbatore District.

Coimbatore.

+1 cc to M/s.E.Camyles Gandhi,Advocate Sr.No. 27254 +1 cc to The Government Pleader, Sr.No. 27514 W.P.No.11176 of 2020 AJS(CO) RMP(31/08/2020)