Latha Annadurai v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.31907 of 2022 Latha Annadurai ....
Petitioner -VsThe District Revenue Officer Coimbatore, Coimbatore District Tamil Nadu ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to release the bus bearing registration no.KL-09-M-6886 seized by the Inspector of Police, Anamalai Police Station, Anamalai, Pollachi Taluk, Coimbatore District on 21.05.2018 to the petitioner.
For Petitioner : Mr.R.S.Jainle Samdar For Respondent : Mr.T.K.Saravanan Government Advocate
O R D E R
The prayer sought for herein is for a Writ of Mandamus to direct the respondent to release the bus bearing registration No.KL-09-M-6886 seized by the Inspector of Police, Anamalai Police Station, Anamalai, Pollachi Taluk, Coimbatore District on 21.05.2018 to the petitioner. 1 / 4
2. The petitioner's vehicle ie., bus bearing registration No.KL-09-M-6886 was seized by the Inspector of Police, Anamalai Police Station, Anamalai, Pollachi Taluk, Coimbatore District on 21.05.2018 for the alleged illegal transportation of PDS rice to the extent of 1500 Kg. According to the learned Government Advocate, investigation is still pending and therefore the vehicle cannot be released.
3. However, learned counsel for the petitioner submits that, the vehicle has been seized long years back ie., in 2018 and has been stationed exposing to sunlight and rain, thereby already the value of the vehicle got diminished. Therefore, in order to prevent further deterioration of the vehicle it may be directed to be released, against any condition that may be imposed and the petitioner is ready and willing to agree to the same, he contended.
4. In this regard, the petitioner produced an order of this Court in W.P.No.14144 of 2018 dated 09.07.2018 in respect of a similar situation, where certain conditions were imposed including directing to pay Rs.2,50,000/-. Learned Government Advocate also submits that such stringent condition shall be imposed and a direction to be given by this Court would be complied by the respondents.
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5. Considering the submissions made by the learned counsel for both sides and having regard to the facts and circumstances of the case, this Court is inclined to dispose of this writ petition with the following order. ●That the petitioner's vehicle bearing Registration No. KL-09-M6886 shall be released on payment of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to be deposited before the respondent within a period of two weeks from the date of receipt of a copy of this order.
●Further, the vehicle shall not be transferred to any third party and the vehicle shall be produced by the petitioner as and when required for further investigation by the concerned police.
6. With the above directions, this writ petition is disposed of. No costs. 29.11.2022 Index : Yes/No Internet : Yes/No KST 3 / 4
R. SURESH KUMAR, J.
KST To The District Revenue Officer Coimbatore, Coimbatore District Tamil Nadu W.P.No. 31907 of 2022 25.11.2022 4 / 4