Madras High CourtWP/25519/2015disposed of

V.C.Janakiraman v. The District Revenue Officer

2015-08-21Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25519 of 2015 V.C.Janakirman [ Petitioner ] Vs

1. The District Revenue Officer Ranipet, Vellore District.

2. The Tahsildar, O/o. Tahsildar Arakkonam Vellore District

3. The Inspector of Police, Avalore Police Station Arakkonam Taluk, Vellore District [Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the 1st respondent to release the petitioner's vehicle JCB CRANE EARTH MOVING EQUIPMENT bearing Registration No.TN 23 AJ 4973 Chassis No.0006600159, Engine No.T41016/1000022 which was seized by the 1st and 2nd respondents and handover the same to the petitioner which is in the custody of the 3rd respondent.

For Petitioner : Mr.G.Somasekar For Respondents : Mr.M.S.Ramesh AGP

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.M.S.Ramesh, Additional Government Pleader, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal at the admission stage itself. 2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the 1st respondent to release the petitioner's vehicle JCB CRANE EARTH MOVING EQUIPMENT bearing Registration No.TN 23 AJ 4973 Chassis No.0006600159, Engine

No.T41016/1000022 which was seized by the 1st and 2nd respondents and handover the same to the petitioner which is in the custody of the 3rd respondent.

3. The petitioner claims to be the owner of the vehicle, said to have been seized by the first and the second respondents. In view of seizure of the vehicle, the petitioner has given a representation dated 31.07.2015 to the respodents to release the same. Since there was no response, the petitioner has come before this Court.

4. The learned counsel for the petitioner submits that it would be suffice if a direction is given to the respondents to dispose of the petitioner's representation dated 31.07.2015 within a time frame.

5. Learned Additional Government Pleader would submit that the first respondent, who is the competent authority to consider the claim of the petitioner so as to release the vehicle may be directed to dispose of the said representation of the petitioner within a time frame.

6. In view of the limited prayer now sought for by the learned counsel for the petitioner and also taking into consideration the submissions made on either side, without expressing anything with regard to the merits of the case, I hereby direct the first respondent, to consider and pass appropriate orders on the representation of the petitioner dated 31.07.2015 with regard to release of the vehicle seized, on merits and in accordance with law, within a period of ten days from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. No costs.

arr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The District Revenue Officer Ranipet, Vellore District.

2.The Tahsildar, O/o. Tahsildar Arakkonam, Vellore District

3. The Inspector of Police, Avalore Police Station Arakkonam Taluk, Vellore District + 1 cc to M/s.G.Somasekar, Advocate SR 44543 + 1 cc to the Govt.Pleader High Court, Madras SR 44717 mp(co) prk24/8 W.P.No.25519 of 2015