M.Narayanan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P.No.35778 of 2015 M.Narayanan [ Petitioner ] Vs

1. The Revenue Divisional Officer Chengalpattu, Kancheepuram District.

2. The Inspector of Police, Sathurangapattinam (Sadras) Police Station, Kancheepuram District.

[Respondents ] Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of Writ of mandamus directing the first respondent to release the lorry bearing TN-20-AE-1456 seized by the second respondent, based on petitioner representation dated 28.10.2015 and quash the same.

For petitioner : Mr.P.Gopiraja For respondents : Mr.T.N.Rajagopalan, Spl.GP

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal.

2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the first respondent herein to release the Lorry bearing registration No.TN 20 AE 1456, seized by the 2nd respondent, based on the petitioner's representation dated 28.10.2015 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 Inspector of Police, the 2nd respondent herein. In view of seizure of the vehicle, the petitioner has given a representation dated 28.10.2015 to the respondents to release the same. Since there was no response, the petitioner has come before this Court.

https://hcservices.ecourts.gov.in/hcservices/

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 28.10.2015 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 1st respondent to consider and pass appropriate orders on the representation of the petitioner dated 28.10.2015 with regard to release of the vehicle in question seized by the 2nd respondent, on merits and in accordance with law, within a week from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar smi To

1. The Revenue Divisional Officer Chengalpattu, Kancheepuram District.

2. The Inspector of Police, (Sadras) Sathurangapattinam Police Station, Kancheepuram District.

+1cc to Mr.P. Gopiraja, Advocate, S.R.No.60986 +1cc to the Government Pleader, S.R.No.61773 AK(CO) EU(20/11/2015) W.P.No.35778 of 2015 https://hcservices.ecourts.gov.in/hcservices/