R.Murugan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10270 of 2018 R.Murugan ... Petitioner vs.

1.The District Collector, 2.The District Revenue Officer, Trichy.

3.The Sub Collector, Trichy.

4.The Revenue Divisional Officer, Trichy.

5.The Tahsildar, Thiruverambur Taluk, ... 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 seized lorry bearing registration No.TN 48 AH 2127 seized by the third respondent on 21.04.2018. For Petitioner : Mr.R.Subramanian For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

ORDER

The petitioner seeks for a Writ of Mandamus, directing the respondents to release the seized lorry bearing registration No.TN 48 AH 2127 seized by the third respondent on 21.04.2018. 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 respondents having been seized on 21.04.2018 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 fourth 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 fourth 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.50,000/- (Rupees Fifty Thousand only) before the fourth 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 fourth respondent is directed to expedite the proceedings and pass a final order 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 fourth respondent."

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

1.The District Collector,

2.The District Revenue Officer, Trichy.

3.The Sub Collector, Trichy.

4.The Revenue Divisional Officer, Trichy.

5.The Tahsildar, Thiruverambur Taluk, +1cc to Mr.R.Subramanian, Advocate, SR.No.64789 W.P.(MD) No.10270 of 2018 28.04.2018 MYR KK/SV MMS/28.04.2018/SAR-4/3P-7C