Palaniyammal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2489 of 2018 Palaniyammal ...

Petitioner Vs.

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

2.The Inspector of Police, Alangudi Police Station, Alangudi, 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 Petitioners Vehicle viz. Heavy Goods Vehicle - Ashok Leyand bearing Regn.No.TN-55V 9427 seized by the 2nd Respondent on 21/01/2018 on the basis of the Petitioner's representation dated 01/02/2018.

For Petitioner : Mr.D.Ramesh Kumar 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., Heavy Goods Vehicle - Ashok Leyland bearing Regn.No.TN-55V 9427 seized by the second respondent on 21.01.2018 by considering the representation of the petitioner dated 01.02.2018.

2.Heard Mr.D.Rameshkumar, learned counsel appearing for the petitioner and Mr.P.Kannidevan, learned Special Government Pleader appearing for the respondents.

3.According to the petitioner, he is the owner of the Heavy Goods Vehicle - Ashok Leyland bearing Regn.No.TN-55V 9427 which was seized on 21.01.2018 on the ground that the vehicle was involved in transporting sand. According to the petitioner, the vehicle has not involved in any illegal transporting of sand. 4.On the other hand, it is submitted by the learned Special Government Pleader that the vehicle was seized by the police while the petitioner was transporting sand without any valid permit. https://hcservices.ecourts.gov.in/hcservices/

5.In any event, as the vehicle is under the custody of the authorities, having been seized on 21.01.2018 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.50,000/- (Rupees fifty 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(P&A) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Pudukottai District, Pudukottai.

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

+1cc to Special Government Pleader, SR.No. 47206 +1cc to M/S.D.Ramesh Kumar, Advocate SR.No. 46695 Writ Petition (MD) No.2489 of 2018 07.02.2018 SMS JM/SV MMS/SAR 1/08.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/