K.Palani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.15466 of 2017 K.Palani ... Petitioner Vs.

The Revenue Divisional Officer Cheyyar, Thiruvannamalai District.

... Respondent Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to release the Tipper Lorry bearing Registration No.TN-21-AB-9385 seized by the Tahsildar, Vembakkam, Thiruvannamalai District on 01.01.2017 to the petitioner. For Petitioner : Mr.C.Prakasam For Respondent : Mr.Akhil Akbar Ali Government Advocate

O R D E R

Mr.Akhil Akbar Ali, learned Government Advocate, takes notice for the respondent. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus directing the respondent to release the Tipper Lorry bearing Regn.No. TN-21AB-9385 seized by the Tahsildar, Vembakkam, Thiruvannamalai District on 01.01.2017.

3. It is stated that the above vehicle was seized by the Tahsildar, Vembakkam, Thiruvannamalai District and handed over to the respondent on 01.01.2017, on the allegation that the said vehicle was indulged in transporting sand in violation of certain provisions under the Tamil Nadu Minor Mineral Concession Rules, 1959. According to the petitioner, there was no such violation and on the other hand, it was used only for the personal consumption of the petitioner. Needless to say that it is for the authority to consider such claim of the petitioner and pass appropriate orders and therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. However, considering the fact that the vehicle was seized as early as on 01.01.2017 and the same is kept idle https://hcservices.ecourts.gov.in/hcservices/

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 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.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mk To The Revenue Divisional Officer Cheyyar, Thiruvannamalai District.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.43501 W.P.No.15466 of 2017 GP(CO) CA(21/06/2017) https://hcservices.ecourts.gov.in/hcservices/