Madras High CourtWP(MD)/8600/2019allowed

Ramesh, v. The District Revenue Officer

2019-04-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8600 of 2019 Ramesh ... Petitioner Vs 1.The District Revenue Officer, Tirunelveli.

2.The Inspector of Police, Civil Supplies CID, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to release the Car bearing Registration (*)No. TN 75-A-7070 seized by the second respondent on 14.03.2019 to the petitioner. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner's vehicle was seized in connection with violation of the provisions of Essential Commodities Act. Till date, confiscation proceedings have not been initiated. 3.I am of the view that keeping the vehicle in the custody of the respondent will not serve any purpose. Therefore, the respondents are directed to release the petition mentioned vehicle forthwith and without any delay, subject to the following conditions:

a) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

b) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

c) The petitioner shall not alienate or encumber the vehicle in question.

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4.Upon completion of these formalities, the respondents shall release the vehicle forthwith without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future. 5.The Writ Petition is allowed accordingly. No costs. Sd/ Assistant Registrar(CO) (*)AMENDED AS PER ORDER OF THIS COURT MADE IN WMP 7113 of 2019 DATED 16.04.19 /True copy/ Sub Assistant Registrar(CS-III) To TO BE SUBSTITUTED THE EARIER ORDER ALREADY DESPATCHED ON 10.04.2019 1.The District Revenue Officer, Tirunelveli.

2.The Inspector of Police, Civil Supplies CID, Tirunelveli.

Tirunelveli District.

+1 CC to M/s.D.VENKATESH, Advocate ,SR.NO.61297 W.P.(MD)No.8600 of 2019 10.04.2019 DS/ /SAR- (10.04.2019) 2P 4C KK/SAR/22.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/