A.Fatha Hur Rabbani@Rabbani, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2814 of 2018 A.Fatha Hur Rabbani @ Rabbani ...

Petitioner Vs.

1.The District Collector, Ramanthapuram District.

2.The Revenue Divisional Officer/Sub Collector, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station, (Crime No.15 of 2018) ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to expedite the release of the petitioners vehicle bearing Registration Number TN 37 BB 3180 within the time frame fixed by this Court.

For Petitioner : Mr.M.Gururaj For Respondents : Mr.P.Kannithevan, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the respondents 2 and 3 to release the petitioner's vehicle bearing Registration Number TN 37 BB 3180 within the time frame fixed by this Court.

2.According to the petitioner, even though the petitioner's driver plied the said vehicle with all relevant documents, the second respondent seized the same on 23.01.2018 and it is specifically submitted that the petitioner has no bad antecedents. 3.On the other hand, it is submitted by the learned Additional Government Pleader that the vehicle was seized as it was plying 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 authorities, having been seized on 23.01.2018 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.

5.Accordingly, the respondents are directed to release the https://hcservices.ecourts.gov.in/hcservices/

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 second 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." 6.This Writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer/Sub Collector, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station.

+1cc to Mr.M.GURURAJ,Advocate,SR. 48387 Writ Petition (MD) No.2814 of 2018 13.02.2018 SMS KK/SV MMS/SAR 4/14.02.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/