A.Kanagaraj, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.13014 of 2018 A.Kanagaraj ... Petitioner vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Thasildar, Paramakudi,Ramanathapuram District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to conduct the enquiry expeditiously and release the petitioner vehicle namely ASHOK LEYLAND HEAVY GOODS bearing Reg.No. TN 48 AE 9588 forthwith in accordance with law on the basis of the representation dated 12.06.2018.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.S.Nagarajan Special Government Pleader

O R D E R

The petitioner seeks for a writ of Mandamus, directing the respondents to conduct the enquiry expeditiously and release the petitioner vehicle namely Ashok Leyland Heavy Goods bearing Reg.No. TN 48 AE 9588 forthwith in accordance with law on the basis of the representation dated 12.06.2018.

2. According to the petitioner, even though he had plied the aforesaid vehicle with all relevant documents, the respondent has seized the vehicle.

3. On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondent that the vehicle was seized as the same was plied without valid papers, including registration certificate books and transport permits for transporting sand.

4. In any event, as the vehicle is under the custody of the respondent having been seized on 03.06.2018 and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondent, this Court is of the view that the vehicle can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle.

5. Accordingly, the respondent is directed to release the vehicle in question to the petitioner within a period of seven days from the date of receipt of a copy of this order subject to the following conditions:

"(i) The petitioner shall produce documents before the respondent under whose custody the vehicle is kept, to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) for the vehicle before the respondent herein;

(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondent;

(iv)On doing so, the vehicle in question shall be returned to the petitioner;

(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

(vi) The respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order;

and (vii)The petitioner is also directed to participate in the enquiry to be conducted by the respondent."

6. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar

To:

1.The Revenue Divisional Officer, Revenue Divisional Office,Paramakudi, Ramanathapuram District.

2.The Thasildar,Paramakudi, Ramanathapuram District.

+1CC TO Mr.C.SENTHIL MURUGAN, ADVOCATE, SR NO.68842 W.P.(MD) No.13014 of 2018 20.06.2018 CM MS/SKN-RSK/SAR-4/20.06.2018/3P.4C