Madras High CourtWP/9491/2016disposed of

Vivek Anand, v. State Rep By Inspector Of

2016-03-21Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.9491 of 2016 and W.M.P.No.8511 of 2016 Vivek Anand ... Petitioner Vs.

State Rep. By Inspector of Police, Kurubarapalli Circle, Krishnagiri District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to release the Mutli Axle Goods Vehicle (Taurus Lorry) bearing Registration No.TN-52-J-2157 and having Engine No.FWPZ125861 & Chassis No.MBINADYCXPFWP0396 which was seized by the respondent on 04.03.2016 in Crime No.89/2016. For Petitioner :

M/s.Selvi George For Respondent :

Mr.M.S.Ramesh, Additional Govt. Pleader *****

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the respondent to release the Mutli Axle Goods Vehicle (Taurus Lorry) bearing Registration No.TN-52J-2157 and having Engine No.FWPZ125861 & Chassis No.MBINADYCXPFWP0396 which was seized by the respondent on 04.03.2016 in Crime No.89/2016.

2. It is the case of the petitioner that he is the owner of the vehicle bearing Registration No.TN-52-J-2157 and the respondent police has seized the vehicle on 04.03.2016 on the allegation that 3 units of sand was transported illegally without any permit from the Government. Further, it is the case https://hcservices.ecourts.gov.in/hcservices/

of the petitioner that till date the vehicle was not produced before the jurisdictional Magistrate Court and in spite of his representation to return the vehicle, the respondent has not passed any orders on that.

3. Mr.M.S.Ramesh, the learned Additional Government Pleader appearing for the respondent, on instructions, submitted that the respondent has agreed to produce the vehicle bearing Registration No. TN-52-J-2157.

4. In view of the submission made by the learned Additional Government Pleader appearing for the respondent, the respondent is directed to release the Mutli Axle Goods Vehicle (Taurus Lorry) bearing Registration No.TN-52-J-2157 and having Engine No.FWPZ125861 & Chassis No.MBINADYCXPFWP0396 on production of a copy of this order and also after obtaining necessary undertaking from the petitioner that the petitioner would not sell the vehicle and will produce the vehicle as and when required by the respondent police.

With these observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsm To Inspector of Police, Kurubarapalli Circle, Krishnagiri District.

+1 cc to Mrs.Selvi George Advocate sr.17981 +1 cc to Government Pleader sr.18053 W.P.No.9491 of 2016 aa23/03/2016 https://hcservices.ecourts.gov.in/hcservices/