Gurunathan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23112 of 2021 Gurunathan ... Petitioner Vs.

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

2. The Inspector of Police, CSCID Police, Salem District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to release the Bolero Maxi Truck Plus Goods Carrier bearing registration No.TN-46-Y-3460, Engine No.TBK4G71446 seized by the 2nd respondent on 23.11.2020, to the petitioner forthwith based on the representation of the petitioner dated 23.12.2020. For Petitioner : Mr.Deepan Uday For Respondents : Mr.U.Baranidharan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to release the Bolero Maxi Truck Plus Goods Carrier bearing registration No.TN-46-Y-3460, Engine No.TBK4G71446 seized by the 2nd respondent on 23.11.2020, to the petitioner forthwith based on the representation of the petitioner dated 23.12.2020. 2.The case of the petitioner is that the petitioner's vehicle namely, Bolero Maxi Truck plus Goods Carrier bearing registration No.TN-46-Y-3460 was seized by the second respondent on 23.11.2020 on the allegation that it was involved in illegal transportation of PDS rice. The petitioner made representation to the first respondent seeking to release his vehicle and since

the same has not yet been considered, the petitioner has filed this writ petition.

3.The learned counsel appearing for the petitioner would submit that the petitioner, without prejudice to his rights and contentions, is ready to deposit a sum of Rs.1,50,000/- before the first respondent and on such deposit being made, the first respondent may be directed to release the vehicle. 4.The learned Additional Government Pleader appearing for the respondents raise no serious objection.

5.Admittedly, the petitioner's vehicle was seized on the premise that it was allegedly involved in illegal transportation of rice. Keeping the vehicle idle will no longer serve any purpose. Hence, this Court issues direction to release the petitioner's vehicle namely, Bolero Maxi Truck plus Goods Carrier bearing registration No.TN-46-Y-3460, on the following conditions:

(i)The petitioner, without prejudice to his rights and contentions shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) before the first respondent within a period of two weeks from the date of receipt of a copy of this order; (ii)The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the Authority;

(iii)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, within a period of one week from the date of deposit;

(iv)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;

(v)It is open to the respondent to initiate proceedings in accordance with law and pass appropriate orders on merits, as expeditiously as possible.

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

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar anu

To

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

2. The Inspector of Police, CSCID Police, Salem District.

+1cc to Mr.Deepan Uday, Advocate SR.No.61303 +1cc to the Government Pleader, SR.No.61469 W.P.No.23112 of 2021 NRL(CO) CB(17/12/2021)