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Madras High CourtWP/17663/2020disposed of

K.Venkatesan v. The District Revenue Officer

2020-12-09Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.17663 of 2020 K.Venkatesan ... Petitioner Vs.

1. The District Revenue Officer, Salem, Salem District.

2. The Inspector of Police, Civil Supplies CID, Salem, Salem District.

... Respondents PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to release the Maruthi Omni Car bearing Registration No.TN-30-BU-9418 seized by the second respondent on 02.03.2020 to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.V.Shanmugasundar Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the first respondent to release the Maruthi Omni Car bearing Registration No.TN-30BU-9418 seized by the second respondent on 02.03.2020 to the petitioner.

2. It is stated that the above-vehicle was seized by the second respondent on 02.03.2020 on the allegation that the said vehicle was indulged in transporting six bags of rice each 50 kg 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 02.03.2020 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) before the respondents 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 in proof of such ownership.

(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the respondents shall release the same 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 respondents to initiate proceedings in accordance with law and pass appropriate orders on merits and in accordance with law 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.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

asi To

1. The District Revenue Officer, Salem, Salem District.

2. The Inspector of Police, Civil Supplies CID, Salem, Salem District.

W.P.No.17663 of 2020 PVS(CO) NS(28/12/2020)