E.Murugan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7304 of 2018 E.Murugan ... Petitioner vs.

1.The District Collector O/o.The District Collector Tuticorin District 2.The Sub Collector O/o.The Sub Collector Tuticorin District 3.The Assistant Director Geology and Mining Department Thoothukudi District 4.The Inspector of Police Pudukottai Police Station Thoothukudi District ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to release the lorry of the petitioner bearing its registration No.TN69 AP0540, Multi Axle Goods Lorry, namely, Ashok Leyland within a stipulated time.

For Petitioner :

Mr.M.Maharaja For Respondents :

Mr.J.Gunaseelan Muthiah Government Advocate

O R D E R

The petitioner seeks for a writ of mandamus directing the respondents to release his vehicle, namely, Lorry bearing registration No.TN69 AP0540, seized on 27.03.2018 by the second respondent.

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

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

4. In any event, as the vehicle is under the custody of the respondents having been seized on 27.03.2018 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 can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle.

5. Accordingly, the first 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 first 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.10,000/- (Rupees ten thousand only) before the first 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 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;

(vi) The concerned Revenue Divisional Officer 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 concerned Revenue Divisional Officer."

6. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar

To:

1.The District Collector, O/o.The District Collector, Tuticorin District.

2.The Sub Collector, O/o.The Sub Collector, Tuticorin District.

3.The Assistant Director, Geology and Mining Department, Thoothukudi District.

4.The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

+1CC TO M/S.M.MAHARAJA, ADVOCATE, SR NO.60983 W.P.(MD) No.7304 of 2018 12.04.2018 krk MS/SV-MMS/SAR-1/13.04.2018/3P.6C