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Madras High CourtWP/32159/2023disposed of

V.Balamurgan v. The District Revenue Officer

2025-03-05Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.31754 of 2023 V.Balamurugan, (M/31 years), S/o. Velu, N0.4/22B, Michealpattinam, Vembathur, Sivagangai District.

... Petitioner /versus/

1. The District Revenue Officer, O/o. The District Collector, Coimbatore District.

2. The Inspector of Police, CSCID, Coimbatore, Coimbatore District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.1743/2023/Kee5 dated 06.10.2023, quash the same as illegal and consequently directing the 1st respondent to release the petitioner's ASHOK LEYLAND LORRY bearing registration vehicle namely number TN-43-B-8388

which was seized by the 2nd respondent on 06.04.2023 and pass orders. For Petitioner : Mr.A.Sathish Kumar.

For Respondents : Mr.S.Balamurugan, Government Advocate, for R1 : Mr.Dr.C.E.Pratap Government Advocate (Crl.Side), for R2

O R D E R

The writ petition is filed challenging the impugned order dated 06.10.2023 passed by the First respondent and consequently to release the petitioner's vehicle namely Ashok Leyland lorry bearing Reg.No.TN-43-B-8388 which was seized by the second respondent.

2. On a perusal of the impugned order, it is seen that the confiscation proceedings is pending. It states that already the value of the vehicle is being fixed as Rs.4,50,000/-. In view of the matter, the petitioner shall appear before the first respondent on 25.03.2025 and the first respondent shall expeditiously continue the pending confiscation proceedings in accordance with law. The petitioner will be entitled to raise all the objections in the manner known to law and ultimately if the order is not held in favour of petitioner, the petitioner has a remedy before the

appropriate forum.

3. With those liberties kept open to the petitioner, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

05.03.2025 : No.

bsm To,

1. The District Revenue Officer, O/o. The District Collector, Coimbatore District.

2. The Inspector of Police, CSCID, Coimbatore, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

4. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY , J.

bsm 05.03.2025