A.Pakkiyaraj, v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :19.05.2016 Coram The Honourable Mr.Justice K.KALYANASUNDARAM WRIT PETITION No.18249 of 2016 and WMP.No.15980 of 2016 A.Pakkiyaraj ... Petitioner ..vs..

The District Revenue Officer Villupuram District Villupuram ... Respondent This writ petition is filed under Article 226 of Constitution of India, seeking a writ of mandamus directing the respondent to pass orders on the petitioner's letter dated 28.04.2016 and release the vehicles bearing Registration No. TN18-K-8766 (TATA ACE) and Motor Bike bearing Registration No. TN77-B-7296 (Honda CB Unicorn). For Petitioner :

Mr.M.Dhandapani For Respondent :

Mr. P.Sanjay Gandhi Additional Government Pleader

O R D E R

The prayer in the writ petition is to direct the respondent to pass orders on the petitioner's letter dated 28.04.2016 and release the vehicles bearing Registration No. TN-18-K-8766 (TATA ACE) and Motor Bike bearing Registration No. TN-77-B-7296 (Honda CB Unicorn).

2.

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondent.

3.

According to the petitioner, he is the owner of the vehicles concerned and he is a small trader engaged in the sale of rice and other commodities. It is further stated that the petitioner was arrested under the guise of a false case foisted

against him on the allegation that he had held stock of 'ration rice' and the vehicles were seized and impounded. After his release, on the basis of the orders of the Hon'ble Advisory Board, the petitioner made representation to release his vehicles. But so far his representation was not considered. Hence, he has filed this Writ Petition.

4.

Taking into consideration the relief sought for, the respondent is directed to release the vehicles bearing Registration No. TN-18-K-8766 (TATA ACE) and Motor Bike bearing Registration No. TN-77-B-7296 (Honda CB Unicorn) to the petitioner, on fulfilling the following conditions: (i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in cash before the respondent towards the release of TATA ACE bearing Registration No. TN-18-K-8766.

(ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) in cash before the respondent towards the release of the bike Honda CB Unicorn bearing Registration No. TN-77-B-7296.

(iii) The petitioner shall produce the documents relating to the ownership of the vehicles.

(iv) The petitioner shall file an undertaking that he will produce the vehicles in question before the respondent as and when called for and that he will not alienate the vehicles in question till the proceedings initiated are completed.

(v) On compliance of the above conditions, the respondent is directed to release the vehicles to the petitioner within three days.

(vi) The respondent is directed to pass final orders in the adjudication proceedings, within a period of two months.

(vii) This order for release of the vehicles can be availed of by the petitioner, if the vehicles are not in the custody of

criminal Court. If the vehicles are in the custody of the criminal court, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicles by filing appropriate application and the same can be considered in accordance with law.

(viii) As the vehicles were seized on 08.01.2016 the above order to be complied with within three days, if no order of adjudication is passed or confiscation is passed as on today.

5. The writ petition is disposed of subject to the above conditions. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mra To The District Revenue Officer Villupuram District Villupuram 1 cc to The Government Pleader, sr.28608 +1 cc to Mr.M.Dhandapani, Advocate sr no 6993[2/6/16] W.P.No.18249 of 2016 and WMP.No.15980 of 2016 pa co kra 31.05.2016