T.Ravichandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.08.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.14920 of 2015 T.Ravichandran ... Petitioner Vs 1.The District Collector, Tirunelveli District, 2.The Revenue Divisional Officer/Sub Collector, Cheranmahadevi post, Tirunelveli District.

3.The Tahsildar (Mines & Minerals) Rathapuram Taluk, Rathapuram Post, Tirunelveli District.

...

Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other order or direction in the nature of a Writ directing the respondents 1 to 3 to release the petitioner's Tempo - TATA 909 bearing Regn.No. TN74 AD 0879 within a time limit fixed by this Court. For petitioner : Mr.C.Dhanaseelan For respondents : Mr.S.Sadeskumar Addl.Govt.Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to release the petitioner's Tempo - TATA 909 bearing Regn.No. TN74 AD 0879.

2. Mr.S.Sades kumar, learned Addl.Govt.Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. The learned counsel appearing for the petitioner would bring to the notice of this Court that in similar circumstances, this Court considered the issue involved in this Writ Petition in W.P.(MD).No.5675 of 2014 and ordered to release the vehicle therein. Subsequently also, the same issue was considered in W.P.(MD).No.7614 of 2014 dated 29.04.2014 and the vehicle therein was released with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Addl.Govt.Pleader has not refuted the said submission of the learned counsel appearing for the petitioner. However, he prayed this Court that stringent conditions may be imposed for stopping such occurrence.

6. Considering the facts and circumstances of the case and in view of the fact that the vehicle in question is kept without any use by exposing it to the sun and the rain, it would certainly lose its value, the second respondent is directed to release the vehicle in question to the petitioner on the following conditions:- "(i) The petitioner shall produce necessary documents before the second respondent to prove his ownership of the vehicle in question; (ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the second respondent;

(iii) The petitioner shall give an undertaking before the second respondent that he will not use the vehicle or any other vehicle for any illegal activities and also he will not indulge in such activities in future ;

(iv) The vehicle shall be produced by the petitioner to the respondents as and when required.

7. After fulfilling all the four conditions, the second respondent shall release the vehicle in question to the petitioner with a specific condition that he shall not alienate or encumber the vehicle in question till the disposal of the proceedings before the authorities concerned. It is also made clear that it is open to the authorities to take appropriate action against the petitioner, in case, he violates any one of the conditions stipulated in this order.

8. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, 2.The Revenue Divisional Officer/Sub Collector, Cheranmahadevi post, Tirunelveli District.

3.The Tahsildar (Mines & Minerals) Rathapuram Taluk, Rathapuram Post, Tirunelveli District.

+1cc to Mr.C.Dhanaseelan, Advocate SR.No.48830 W.P(MD).No.14920 of 2015 24.08.2015 mj NS/SKS-RR/02.09.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/