V.Robinson v. The Revenue Divisional Officer

In the High Court of Judicature at Madras Dated : 20.10.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.36672 of 2016 Thiru.V.Robinson

...Petitioner

Vs The Revenue Divisional Officer, Hosur, Krishnagiri District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.10.2016 and release his lorry bearing Regn.No.TN-34-S-3034 seized by the Inspector of Police, Royakottai Police Station on 7.4.2016 at Bodampatti Division Road. For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.K.J.Sivakumar, GA

ORDER

Mr.K.J.Sivakumar, learned Government Advocate accepts notice for the respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner is the owner of the lorry bearing Regn.No.TN-34-S3034, which has been detained by the respondent on the allegation that it has been illicitly transporting sand.

(2) T.S.SIVAGNANAM,J RS

3. The petitioner's case is that the lorry was transporting sand, covered with valid permit issued to the licensee namely Thiru.G.Kumarappan, on 7.4.2016. Therefore, it is submitted that the detention of the vehicle by the respondent is not sustainable.

4. However, at this juncture, this Court is not inclined to go into the merits of the contention raised by the petitioner, as the petitioner's representation before the respondent dated 13.10.2016, sent by registered post on the same date, is pending consideration.

5. Accordingly, the writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 13.10.2016 on merits and pass appropriate orders thereon in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs.

20.10.2016 Internet : Yes To The Revenue Divisional Officer, Hosur, Krishnagiri District. WP.No.36672 of 2016