Madras High CourtWP(MD)/3952/2019allowed

Nijo Cleetus, v. The District Revenue Officer,

2019-02-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3952 of 2019 Nijo Cleetus ... Petitioner Vs.

1.The District Revenue Officer, Kanyakumari District at Nagercoil.

2.The Inspector of Police, C.S.C.I.D Kuzhithurai, Kanyakumari District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to release the petitioner's Auto Vehicle bearing Registration No.KL 22 C 9550 which was seized by the second respondent on 09.12.2018 and kept under the custody of the first respondent.

For Petitioner : Mr.C.R.Nimal For Respondents : Mr.M.Rajarajan, Government Advocate

ORDER

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petition mentioned vehicle was seized since it was allegedly involved in an illegal transportation of kerosene. Confiscation proceedings are yet to be initiated. I am of the view that no purpose will be served by keeping the vehicle in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are directed to release the said vehicle forthwith. The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

3.This writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The District Revenue Officer, Kanyakumari District at Nagercoil.

2.The Inspector of Police, C.S.C.I.D Kuzhithurai, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-49236[F] dated 22/02/2019 ) +1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-49817[F] dated 26/02/2019 ) +1 CC to M/s.SPL GP ( SR-49766[F] dated 26/02/2019 ) WP(MD)No.3952 of 2019 25.02.2019 DS/ /SAR- (15.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/