P.Rajalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.12657 of 2018 P.Rajalingam : Petitioner Vs.

1.The District Collector, Trichy.

2.The District Supply Officer, Office of the District Collector, Trichy.

3.The Inspector of Police, Civil Supplies CID, Kakkan Colony, K.K.Nagar, Trichy.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's Maruti Omni van, bearing Registration No.TN-57-P-2371 at once.

For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.N.Shanmugaselvam, Additional Government Pleader

O R D E R

The petitioner seeks for a Writ of Mandamus directing the respondents to release the petitioner's Maruti Omni van, bearing Registration No.TN-57-P-2371 at once.

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

3. On the other hand, it is submitted by the learned Additional Government Pleader appearing for the respondents that the vehicle was seized as the same was plied without valid papers, including registration certificate books and transport permits for transporting PDS Rice.

4. In any event, as the vehicle is under the custody of the respondents having been seized on 02.05.2018 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.

5. Accordingly, the respondents are 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, to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) for the vehicle 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 (CO) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Trichy.

2.The District Supply Officer, Office of the District Collector, Trichy.

3.The Inspector of Police, Civil Supplies CID, Kakkan Colony, K.K.Nagar, Trichy.

+1CC to Mr.P.Ganapathi Subramanian Advocate in SR.No.68736. ARUL DS/SKN-RSK/SAR-4 :20.06.2018: 3P/5C Order made in W.P.(MD)No.12657 of 2018 14.06.2018