C.Ponnusamy, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD) No.1772 of 2018 C.Ponnusamy ...

Petitioner Vs.

1.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

2.The Inspector of Police, Karur Police Station, Pudukottai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to release the petitioner's Tractor bearing Registration No.TN 55 R 8427 within the time limit that may be stipulated by this Court. For Petitioner : Mr.B.Saravanan For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This writ petition has been filed seeking direction to the respondents to release the petitioner's vehicle viz., Tractor bearing Registration No.TN 55 R 8427.

2.Heard Mr.B.Saravanan, learned counsel appearing for the petitioner and Mr.P.Kannidevan, learned Additional Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner submitted that the vehicle in question has not been used for any illegal transportation. But, the second respondent has erroneously seized the vehicle on 19.01.2018 and now, the same is under his custody.

4.On the other hand, the learned Additional Government Pleader appearing for the respondents submitted that the vehicle in question was used for transportation of pond sand without any valid permit and hence it was seized.

https://hcservices.ecourts.gov.in/hcservices/ 5.In any event, as the vehicle is under the custody of the respondents from 19.01.2018 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 respondents, this Court is of the view that the vehicle may be released by imposing conditions on the petitioner for release of the same.

6.Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days subject to the following conditions:

"(i)The petitioner shall produce necessary documents before the respondents to establish the ownership of the vehicle in question;

(ii)The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only), before the first respondent;

(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 respondents;

(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; and (vi)The petitioner is also directed to participate in the enquiry to be conducted by the respondents." 7.This Writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

2.The Inspector of Police, Karur Police Station, Pudukottai District.

+1cc to Mr.B.SARAVANAN,Advocate,SR. 44857 +1cc to M/S.Special Government Pleader,SR. 45555 WP(MD) No.1772 of 2018 30.01.2018 MJ KK/SV MMS/SAR 2/02.02.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/