S.M.Mani Gounder v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2016

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.28407 of 2016 and W.M.P.No.24533 of 2016 S.M.Mani Gounder S/o.Subbaraya Gounder 1/19, Puthukulam Thenkoodipakkam & Post Vanoor Taluk, Villupuram Dist., .. Petitioner ..Vs..

1.The District Collector Villupuram District Villupuram 2.The Revenue Divisional Officer cum Executive Magistrate Villupuram Division Villupuram, Villupuram District 3.The Inspector of Police Vanoor Police Station Vanoor Tk, Villupuram District.

.. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents herein to release the petitioner's vehicle bearing Reg. No.TN-31-D-0937.

For Petitioner : Mr.S.Lakshmanasamy For Respondents: Mr.S.Diwakar, Spl.G.P.,

ORDER

Heard Mr.S.Lakshmanasamy, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Special Government Pleader accepting notice on behalf of the respondent and with the consent of either side, the writ petition itself is taken up for final disposal.

2.The petitioner seeks for a direction to the respondents to release the petitioner's vehicle bearing Reg. No.TN-31-D-0937, which has been seized and is in the custody of the second respondent. The petitioner claims that he is a contractor and he has not been illegally transporting the sand and the sand inside the tractor was to be utilized for road repairing and widening works. However, the second respondent had erroneously seized the vehicle of the petitioner, that too without giving any seizure mahazar and without passing appropriate orders. 3.Considering the facts and circumstances of the case, there will be a direction to the second respondent to consider the petitioner's representation dated 03.08.2016 and verify the documents produced by the petitioner namely, the sale slip issued by the licensee at the stock yard dated 27.07.2016 and the sales invoice dated 27.07.2016 and if satisfied, the authority may pass appropriate orders for release of the vehicle within a period of two weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, cum Executive Magistrate, Villupuram Division, Villupuram, Villupuram District.

3.The Inspector of Police, Vanoor Police Station, Vanoor Tk, Villupuram District.

+4cc to M/S.S.Lakshmanasamy, Advocate sr.48328 +1cc to the Government Pleader Sr.48683 W.P.No.28407 of 2016 and W.M.P.No.24533 of 2016 ctk[co] srg 06/09/2016