M.Imaran v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23439 of 2021 M.Imaran

...Petitioner

Vs

1. The District Revenue Officer, District Revenue Office, Vellore, Vellore District.

2. The Special Thasildhar, Flying Squad, Vellore, Vellore District.

3. The Inspector of Police, CSCID Police Station, Vellore, Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent to consider the petitioners representation dated 30.07.2021 in releasing the vehicle passenger auto Rickshaw bearing registration No.TN-23-AH-8185, Chassis.No.MBX0000DFLK927768 Engine No.W9K3118593 within stipulated period.

For Petitioner :

Mr.M.Sathish Kumar For Respondents :

Mr.Stalin Abhimanyu, Government Counsel

ORDER

The present writ petition has been filed seeking a direction to the first respondent to consider the petitioner's representation dated 30.07.2021 with regard to release the vehicle viz., passenger auto Rickshaw bearing Registration No.TN-23-AH-8185 seized by the second respondent to the petitioner.

2. Heard learned counsel for the petitioner and learned Government Counsel for the respondents.

3. It is seen from the records that the subject vehicle was seized by the second respondent on 30.06.2021 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 30.06.2021 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 only) before the first 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.

(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle 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, 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.

4. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar

av To

1. The District Revenue Officer, District Revenue Office, Vellore, Vellore District.

2. The Special Thasildhar, Flying Squad, Vellore, Vellore District.

3. The Inspector of Police, CSCID Police Station, Vellore, Vellore District.

+1CC to M/s.M.Sathish Kumar, Advocate, Sr.No.56052 +1CC to the Government Pleader, Sr.No.56645 W.P.No.23439 of 2021 SMI(CO) SB(17/11/2021)