Madras High CourtWP/29460/2015disposed of

N.Palanisamy, v. The District Collector,

2015-09-18Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.29460 of 2015 N.Palanisamy [ Petitioner ] Vs 1 The District Collector Krishnagiri District Krishnagiri.

2 The Tahsildhar Hosur Taluk Krishnagiri District.

[Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus to direct the respondents herein to release the Lorry (Ashok Leyland Multi Axle Goods Vehicle) bearing registration No.TN 28 AQ 1120 seized by the second respondent on 0909-2015 at kept at the PWD Office Campus at Hosur and handover the same to the petitioner forthwith.

For Petitioner : Mr.S.Srinivasa Narayanan For Respondents : Mr.T.N.Rajagopalan, SGP

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.T.N.Rajagopalan, learned Special 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 respondents herein to release the Lorry (Ashok Leyland Multi Axle Goods Vehicle) bearing registration No.TN 28 AQ 1120, seized by the 2nd respondent on 09.09.2015, which was kept at the PWD Office Campus at Hosur and handover the same to the petitioner forthwith.

3. The petitioner claims to be the owner of the vehicle in question, said to have been seized by the Tahsildar, the 2nd respondent herein. In view of seizure of the vehicle, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has given a representation dated 11.09.2015 to the 1st respondent 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 1st respondent to dispose of the petitioner's representation dated 11.09.2015 within a time frame.

5. Learned Special Government Pleader would submit that the competent authority may be directed to dispose of the said representation of the petitioner for the release of the vehicle 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, this writ petition is disposed of by directing the petitioner to send a copy of the said representation dated 11.09.2015 along with a copy of this order to the 1st respondent and on receipt of the same, the 1st respondent is directed to consider and pass appropriate orders on the representation of the petitioner dated 11.09.2015 with regard to release of the vehicle in question seized by the 2nd respondent, on merits and in accordance with law, within a period of ten days thereafter. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar rg To 1 The District Collector Krishnagiri District Krishnagiri.

2 The Tahsildhar Hosur Taluk Krishnagiri District.

+1 cc to The Government Pleader, sr.51400 +1 cc to Mr.S.Srinivasa Narayanan, Advocate, sr.50962 W.P.No.29460 of 2015 pa co kra 23/09 https://hcservices.ecourts.gov.in/hcservices/