Ramesh, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.(MD) No.11256 of 2018 Ramesh ... Petitioner Vs.

1) The District Collector,

2) The District Revenue Officer,

3) The Revenue Divisional Officer, Tuticorin, Tuticorin District.

4) The Inspector of Police, Morappanadu Police Station, Tuticorin District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to release the LORRY bearing registration No.TN 75 Y 9583 seized by the 4th respondent on 16.05.2018.

For Petitioner : Mr.A.V.Rajasekaran For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader.

O R D E R

The present writ petition has been filed for issuance of a Writ of Mandamus, directing the 3rd respondent to release the LORRY bearing registration No.TN 75 Y 9583, seized by the 4th respondent on 16.05.2018.

2.Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.The learned Counsel for the petitioner would submit that the petitioner's vehicle bearing Registration No.TN 75 Y 9583, was used as contract carriage and the petitioner has taken sand from Trichy to Tirunelveli on 16.05.2018, in the aforesaid vehicle. It is

further submitted that the said vehicle has been seized by the fourth respondent for the reason that the sand has been taken illegally, without any permit. Now, the said vehicle is under the custody of the fourth respondent for three weeks without any safety. Therefore, the present writ petition has been filed. 4.The learned Special Government Pleader appearing for the respondents would submit that the petitioner was illicitly transporting sand in the aforesaid vehicle. He would further submit that in the event of this Court granting release of the said vehicle, the petitioner shall undertake that the vehicle shall be released on depositing some amount as per the directions of this Court and also the petitioner shall not indulge in transporting sand in future.

5.Considering the aforesaid submissions of the parties concerned, this Court is inclined to pass the following order: i)The petitioner has to produce the original RC book, before the third respondent to prove the ownership of the said vehicle.

ii)As and when required, the petitioner has to produce the vehicle before the third respondent and if any proceedings is pending, the petitioner shall not alienate the vehicle, till the proceedings is concluded.

iii)The petitioner is directed to deposit a sum of Rs.50,000/- [Rupees Fifty Thousand only] to the third respondent. iv)the petitioner has to give an undertaking before the third respondent that the petitioner will not transport sand illicitly, in future.

6.In future, if any violation of the above said conditions, the third respondent is at liberty to seize the vehicle in addition to the initiation of appropriate departmental action. 7.In compliance of the aforesaid conditions by the petitioner, the third respondent is directed to release the vehicle immediately to the petitioner.

8.With the above directions, the writ petition stands disposed of. No costs.

Sd/- Vacation Officer(T&P) /True Copy/ Sub Assistant Registrar To

1) The District Collector,

2) The District Revenue Officer,

3) The Revenue Divisional Officer, Tuticorin, Tuticorin District.

4) The Inspector of Police, Morappanadu Police Station, Tuticorin District.

+1CC to Mr.A.V.Rajasekaran, Advocate, SR.No. 66093 ORDER MADE IN W.P.(MD) No.11256 of 2018 24.05.2018 MR/ns AM/SKN RSK/SAR 3/24.05.2018/3P/6C