M.Perumalsamy, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.06.2017 Coram:

The Hon'ble Mr. Justice K.RAVICHANDRABAABU W.P.No. 16094 of 2017 M.Perumalsamy ...Petitioner

Versus

The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.

...Respondent

This writ petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to release the lorry bearing registration No.TN25-AY-9394 seized by the Inspector of Police, Kancheepuram Taluk Police Station, Kancheepuram, Kancheepuram District on 18.06.2017 to the petitioner.

For petitioner : Mr.C.Prakasam For respondent : Mr.Akhil Akbar Ali, Government Advocate

O R D E R

The petitioner seeks for a Mandamus directing the respondent to release the Lorry bearing Registration No. TN-25AY-9394 seized by the Inspector of Police Kancheepuram Taluk Police Station, Kancheepuram, Kancheepuram District on 18.06.2017 to the petitioner.

2. It is stated that the above said vehicle was seized by the Inspector of Police Kancheepuram Taluk Police Station on 18.06.2017 on the allegation that the said vehicle was indulged in transporting sand without any valid bill of permission of the Government 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 18.06.2017 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.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 Lorry 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 Lorry, the respondent shall release the same forthwith.

d) The petitioner shall not use the said vehicle Lorry 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 costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

vsi/sm To The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.

+1cc to Mr.C.Prakasam, Advocate Sr.45253 W.P.No. 16094 of 2017 nr[co] srg 30/06/2017