M.Muhilan v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2018 C O R A M THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN W.P.No.12534 of 2018 and W.M.P.Nos.14675 and 14676 of 2018 M.Muhilan .. Petitioner Vs.
The District Revenue Officer, Coimbatore, Coimbatore District.
..Respondent PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.616/2018/K3, dated 30.04.2018 and quash the same and consequently directing the respondent to release the Lorry bearing Registration No.TN-29-F6790 seized by the District Supply Officer, Coimbatore, Coimbatore District on 06.03.2018 to the petitioner by complying with this Court's order made in W.P.No.8470 of 2018 dated 10.04.2018.
For Petitioner : Mr.C.Prakasam For Respondent : Mr.D.Suriyanarayanan Additional Government Pleader
O R D E R
Mr.D.Suriyanarayanan, learned Additional Government Pleader, takes notice for the respondent.
2.
By mutual consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 3.
The petitioner seeks release of the lorry bearing Registration No.TN-29-F-6790, which was seized by the District Supply Officer, Coimbatore, Coimbatore District on 06.03.2018. 4.
Earlier, in similar matter in W.P.No. 22408 of 2017, this Court had followed an earlier Judgment in W.P.No. 4805 of 2017, in which the conditions were imposed for release of the vehicle. This Court is of the opinion that there will not be any purpose in detaining the subject vehicle for a longer
period. Hence, this Court is inclined to dispose of the Writ Petition with the following directions:- "(i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) in cash with the first respondent.
(ii) The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question.
(iii) The petitioner shall file an undertaking that he will produce the vehicle in question before the respondents as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed.
(iv) On compliance of the above conditions, the respondents are directed to release the vehicle to the petitioner within two days.
(v) The respondent shall proceed with the enquiry and pass appropriate orders. The petitioner is also directed to appear and cooperate with the enquiry.
(vi) This order for release of vehicle can be availed of by the petitioner if no criminal case is pending. If any criminal case is pending, 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".
5.
With the above said directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar/V.O.
//True Copy// Sub Assistant Registrar
gsa To The District Revenue Officer, Coimbatore, Coimbatore District.
+ 1 cc to M/s. C. Prakasam, Advocate Sr.338898 W.P.No.12534 of 2018 CP(CO) EU(18/05/2018)