Yesudasan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.12137 of 2018 Yesudasan ... Petitioner vs.

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

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

... 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 TATA Super Ace Mini Van bearing Registration No.KL-19J4192 seized by the second respondent on 31.05.2018, to the petitioner.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.V.Anand Government Advocate

O R D E R

The petitioner seeks for a writ of mandamus directing the respondents to release the petitioner's TATA Super Ace Mini Van bearing Registration No. KL-19J-4192 seized on 31.05.2018 by the second respondent.

2. According to the petitioner, even though his driver had plied the aforesaid vehicle with all relevant documents, the second respondent has seized the vehicle.

3. On the other hand, it is submitted by the learned Government Advocate appearing for the respondents that the vehicle was used to transport 245 liters of white colour Kerosene without valid papers.

4. In any event, as the vehicle is under the custody of the respondents having been seized on 31.05.2018 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. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the first respondent (or) concerned Revenue Divisional Officer, 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 first 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.10,000/- (Rupees Ten Thousand only) before the first 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 first respondent is directed to complete the enquiry 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 first respondent."

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

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

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

+1cc to M/S.T.Lenin Kumar, Advocate SR.No. 71219 W.P.(MD) No.12137 of 2018 https://hcservices.ecourts.gov.in/hcservices/ mm JM/RSK/SAR 2/17.07.2018/2P/4C