Srinivasan, S/O.Muthusamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.05.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD) No.11816 of 2018 Srinivasan ... Petitioner vs.

1.The District Collector Sivagangai, Sivagangai District 2.The Sub Collector Cum Revenue Divisional Officer Devakottai, Sivagangai District ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 and 2 herein to release the petitioner's vehicle Daras and Tipper lorry bearing Registration No.TN 28 AK 6391 within a stipulated time, on the basis of the petitioner's representation dated 28.05.2018. For Petitioner : Mr.A.Muralikumar For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

The petitioner seeks for a writ of mandamus directing the respondents 1 and 2 herein to release his vehicle, namely, Daras and Tipper lorry bearing Registration No.TN 28 AK 6391 within a stipulated time, on the basis of his representation dated 28.05.2018.

2. According to the petitioner, even though he had plied the aforesaid vehicle with all relevant documents, the police personnel attached to Sakkottai Police Station has seized the vehicle.

3. On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicle had been involved in transportation of river sand without valid license.

4. In any event, as the vehicle is under the custody of the concerned police having been seized on 16.04.2018 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 https://hcservices.ecourts.gov.in/hcservices/

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 second 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 necessary documents before the second respondent 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 second 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 petitioner is also directed to participate in the enquiry to be conducted by the respondents."

6. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Sivagangai, Sivagangai District.

2.The Sub Collector Cum Revenue Divisional Officer, Devakottai, Sivagangai District.

+1CC to Mr.A.Muralikumar, Advocate, SR.No. 66447 +1CC to the Special Government Pleader SR.No.66544 W.P.(MD) No.11816 of 2018 krk/sji AM/SKN RSK/SAR 4/07.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/