Jamal Basha Shaik, v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.26320 of 2017 Jamal Basha Shaik .. Petitioner Vs.
The District Revenue Officer Vellore, Vellore 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 Lorry bearing Registration No.AP-26TC-0349 seized by the Inspector of Police, Civil Supplies CID, Vellore, Vellore District on 09.05.2017 to the petitioner. For Petitioner: Mr.C.Prakasam For Respondent : Mr.P.V.Selvakumar Additional Government Pleader
O R D E R
Mr.P.V.Selvakumar, learned Additional Government Pleader, 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 Lorry bearing Regn.No. AP-26-TC-0349 seized by the Tamil Nadu CSCID Police, Vellore on 09.05.2017.
3. It is stated that the above vehicle was seized by the Tamil Nadu CSCID Police, Vellore and handed over to the respondent, on the allegation that the said vehicle was indulged in transporting 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
09.05.2017 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 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 III) //True Copy// Sub Assistant Registrar
To 1.The District Revenue Officer Vellore, Vellore District.
2.The Inspector of Police Civil Supplies CID Vellore +1 cc to Mr.C.Prakasam Advocate sr 72551 +1 cc to the Government Pleader sr 72624 W.P.No.26320 of 2017 scd(co) aa10/10/2017