Madras High CourtWP(MD)/16702/2015disposed of

V.Santhanam v. The District Collector

2015-09-15Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16702 of 2015 V.Santhanam ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai District, Madurai.

3. The Tahsildar, Vadipatti Taluk, Madurai District. ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to release the vehicle Heavy Duty Lorry bearing Registration No.TN 67 X 7736 based on the petitioner's representation, dated 07.09.2015 and 10.09.2015 to the petitioner. For petitioner : M/s.B.Sutha Sathyananth For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to release the vehicle Heavy Duty Lorry bearing Registration No.TN 67 X 7736 based on the petitioner's representation, dated 07.09.2015 and 10.09.2015 to the petitioner.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

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

4. The case of the petitioner is that the petitioner is the owner of the Heavy vehicle Lorry bearing Registration No.TN 67 X 7736 and he is eking out his livelihood by plying the said vehicle and he has no other source of income to maintain himself and his family. The petitioner had strictly instructed his Driver to use https://hcservices.ecourts.gov.in/hcservices/

the vehicle only for lawful purpose and his driver used to report to the petitioner once in a week or once in ten days to tender accounts about the trips made by the vehicles. On 13.08.2015, while the petitioner's lorry was coming from Solavanthan to Katcharayiruppu, the Revenue Inspector of Tenkarai village intercepted the lorry and had forcibly taken away the same to the third respondent's office. The said lorry is parked in the third respondent's office premises in the open air. The seized vehicle is exposed to sun and rain since it has been kept in the open air. Hence, it is loosing its value. Hence, the petitioner preferred an application before the respondents on 07.09.2015 and 10.09.2015 to release the vehicle. But the same was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. In view of the submissions made by the learned counsel for the petitioner, without going into the merits of the averment made in the Writ Petition, the respondents are directed to consider the representation of the petitioner, dated 10.09.2015, and pass appropriate orders with regard to release of vehicle, if no F.I.R has been registered as against the petitioner, within a period of one week from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of . No Costs.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai District, Madurai.

3. The Tahsildar, Vadipatti Taluk, Madurai District.

+ 1 CC TO M/S.B.SUTHA SATHYANANTH, ADVOCATE IN SR NO. 54504 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 54773 PM TE/JGB-DP/LIB 25/09/2015 2P/6C W.P(MD).No.16702 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/