M.Ponnusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7361 of 2018 M.Ponnusamy ... Petitioner vs.

1.The District Collector, Office of the District Collector, Tiruchirapalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam Revenue Divisional, Vannankovil, Tiruchirapalli.

3.The Tahsildar, Office of the Tahsildar, Manapparai Taluk, Tiruchirapalli District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the respondents 2 and 3 to issue direction to the 3rd respondent to return the tractor and trailer bearing registration number TN 46 M 7746 to the petitioner.

For Petitioner : Mr.A.John Vincent For Respondents : Mr.S.Nagarajan Special Government Pleader

ORDER

The petitioner seeks for a Writ of Mandamus, to direct the first and second respondents to issue direction to the third respondent to return the tractor and trailer bearing registration number TN 46 M 7746 to the petitioner.

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

3.On the other hand, it is submitted by the learned Additional Government Pleader 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 third respondent having been seized on 17.03.2018 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 third 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 third 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.25,000/- (Rupees Twenty Five thousand only) before the second 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 second 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 first respondent."

6.This writ petition is ordered accordingly. No costs. Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Office of the District Collector, Tiruchirapalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam Revenue Divisional, Vannankovil, Tiruchirapalli.

3.The Tahsildar, Office of the Tahsildar, Manapparai Taluk, Tiruchirapalli District.

+1cc to Mr.A.JOHN VINCENT, Advocate, SR.No. 62385 W.P.(MD) No.7361 of 2018 19.04.2018 TA KK/SV MMS/26.04.2018/SAR-2/3P-5C