Esakkiraj v. The Revenue Divisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7627 of 2018 Esakkiraj ... Petitioner vs.

1. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

2. The Tahsildar, Alangulam Taluk, Tirunelveli District.

3. The Zonal Deputy Tahsildar, Alangulam Taluk, Tirunelveli District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents and their subordinates to release the Earth Moving Equipment (JCB) bearing Registration No.TN-29-AD-0812 seized on 24.03.2018 by the third respondent, to the petitioner.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

The petitioner seeks for a writ of mandamus directing the respondents to release the petitioner's Earth Moving Equipment (JCB) bearing Registration No.TN-29-AD-0812 seized on 24.03.2018 by the third respondent.

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

permission for transporting sand.

4. In any event, as the vehicle is under the custody of the respondents having been seized on 24.03.2018 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 (or) concerned Revenue Divisional Officer, 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.25,000/- (Rupees twenty five 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 first 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. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar

To:

1. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

2. The Tahsildar, Alangulam Taluk, Tirunelveli District.

3. The Zonal Deputy Tahsildar, Alangulam Taluk, Tirunelveli District.

+ 1 cc TO Mr.D.Venkatesh , Advocate in SR No. 61740 cp AE/SV MMS/SAR4/23.04.2018/3P/5C W.P.(MD) No.7627 of 2018 16.04.2018