Madras High CourtWP/16208/2017disposed of

K.Vaitheeswaran, v. The District Revenue Officer

2017-06-29Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.16208 of 2017 K.Vaitheeswaran ... Petitioner Vs.

1.*The sub collector/ The Revenue Divisional Officer, Cuddalore.

2.The Tahsildar Cuddalore Taluk Cuddalore District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents herein to release the Tipper Lorry bearing Registration No.TN 16 E 1616, seized by the respondents on 19.06.2017, to the petitioner forthwith. For Petitioner : Mr.D.Baskar For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

Mr.M.Elumalai, learned Government Advocate, takes notice for the respondents. 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 respondents to release the Tipper Lorry bearing Regn.No. TN 16 E 1616 seized by the respondents on 19.06.2017.

3. It is stated that the above vehicle was seized by the respondents on 19.06.2017 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 19.06.2017 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 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 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 respondents 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 first 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 III) Dated:29/06/2017 * Amended as per order of this court dated 14/07/2017 sdAssistant Registrar(CS III) Dated:20/07/2017 //True Copy// Sub Assistant Registrar mk

1. *The sub collector/ to be substituted in the The Revenue Divisional Officer, place of Order despatched Cuddalore.

on 29/06/2017 2.The Tahsildar Cuddalore Taluk Cuddalore District.

+1cc to Mr.D.Baskar, Advocate, S.R.No.49348 W.P.No.16208 of 2017 KS(CO) CA(29/06/2017) GN(20/07/2017)