Shaji Valiyapeedikayil @ V.P.Shaji v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.27944 of 2022 Shaji Valiyapeedikayil @ V.P.Shaji Rep.by Power of Attorney V.P.Basheer, S/o Abdullakutty Valiyapeedikayil, Kuttamangalam Mandad Post, Muttil South Wayanad, Kerala-673 122.
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Petitioner -Vs1.The District Revenue Officer District Revenue Office, Nilgiris.
2.The Inspector of Police CSCID, Nilgiris.
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Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to release the Ashok Leyland Dost Plus RLS Goods Carrier bearing Registration No.KL-73-D3172, Engine No.YLH037973P, seized by the 2nd respondent on 23.07.2022 by considering the petitioner's representation dated 23.08.2022. For Petitioner : Mr.Deepan Uday For Respondents : Mr.N.Naveen Kumar Government Advocate - for R1 Mr.A.Selvendran Special Government Pleader - for R2 1 / 6
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing directing the respondents to release the Ashok Leyland Dost Plus RLS Goods Carrier bearing Registration No.KL-73-D-3172, Engine No.YLH037973P, seized by the 2nd respondent on 23.07.2022 by considering the petitioner's representation dated 23.08.2022.
2. The petitioner's vehicles bearing Registration No.KL-73-D-3172, Engine No.YLH037973P was seized by the second respondent on 23.07.2022 for illegally transporting PDS Rice to the extent of 2250 Kgs. Since then the vehicle has been in the custody of the second respondent. Therefore, in order to release the vehicle, the petitioner, though had given a representation on 23.08.2022, the same has since not been considered, the petitioner has approached this Court by filing the present writ petition.
3. Heard the learned counsel for the petitioner and the learned Government Counsel appearing for the respondents.
4. Learned Government counsel would contend that since 2250 Kgs of PDS rice was illegally transported, for which the vehicle in question was used, the same was seized and therefore the vehicle is under the custody of the 2 / 6
respondent police.
5. I have considered the rival submissions made by the learned counsel for the parties and have perused the materials placed on record.
6. Insofar as the investigation to be conducted by the police pursuant to the FIR registered against the persons including the vehicles' owner is concerned, let them investigate the matter and file a charge sheet. In the meanwhile, during the pendency of the investigation, if the vehicle is placed in open area the same may get exposed to open sky and rain due to which the vehicle may get damaged and the value of the vehicle would get diminished. Even there is a possibility that the spare parts of the vehicle would be stolen if it is stationed in open place without any security.
7. Therefore, in order to avoid the same and at the same time to have a clutch over the petitioner, this Court is inclined to dispose of this writ petition with the following order. There shall be a direction to the respondents 1 and 2 to release the vehicle in question bearing Registration No.KL-73-D-3172, Engine No.YLH037973P of the petitioner on the following conditions. ●The petitioner shall deposit a sum of Rs.25,000/-(Rupees 3 / 6
Twenty Five Thousand only) in an account to be created in this regard at the first respondent office and the said amount shall be kept till further orders are passed by the appropriate Court where the charge sheet is filed by the respondent police. ●The petitioner shall execute a bond that he will not tamper the vehicle or transfer or sell the vehicle till the investigation is over and charge sheet is filed and the case is decided. ●Also, the petitioner shall produce the vehicle as and when required by the second respondent police during the investigation and also at the time of trial.
●On the aforesaid conditions, the vehicle in question shall be released by the respondents within a period of one week from the date of receipt of a copy of this order.
8. With the above directions, this writ petition is disposed of. No costs. 19.10.2022 Index : Yes/No Internet : Yes/No KST 4 / 6
To 1.The District Revenue Officer District Revenue Office, Nilgiris.
2.The Inspector of Police CSCID, Nilgiris.
5 / 6
R. SURESH KUMAR, J.
KST W.P.No. 27944 of 2022 19.10.2022 6 / 6