M/S Indhu Auto Finance, v. The District Revenue Office,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.19510 of 2014 M/s.Indhu Auto Finance, rep.by its Managing Partner, Mr.K.V.Subramani, No.9/1, M.M.Complex, Sentunthapuram Post, karur Taluk, karur District.

...

Petitioner Vs 1.The District Revenue Officer, Dindigul.

2.S.Joseph, through his power of attroney, Mr.R.Saravanan, Karur District.

... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first respondent to release the vehicle bearing registration No.TN28 AH5178 to the petitioner within the time limit fixed by this Court.

For petitioner : Mr.D.Anandan For R.1 : Mr.S.Chandrasekar Govt.Advocate *******

ORDER

The petitioner has come forward with this Writ Petition directing the first respondent to release the vehicle bearing registration No.TN28 AH5178 to the petitioner within the time limit fixed by this Court.

2. When the matter is taken up for hearing, the learned Govt.Advocate drew the attention of this Court through the counter affidavit of the first respondent, wherein in paragraph No.8, it is averred as follows:- "8. It is clear to state that the first respondent herein is ready and willing to give back the seized vehicle to the petitioner himself provided that he has to establish his ownership of the seized vehicle https://hcservices.ecourts.gov.in/hcservices/

by way of production of valid documents of the vehicle concerned. When the petitioner was enquired with regard to the seized vehicle, he has not shown or produce any documents as to his ownership. Therefore, the first respondent is complied (sic) compelled to retain the seized vehicle till date. It is further clear that none of the parties are not (sic) have chosen to establish their ownership with regard to the seized vehicle. The first respondent herein would resort the procedure contemplated under the Act in a given circumstances."

3.

On noticing the above, the learned Counsel for the petitioner would submit that the petitioner is ready to provide the relevant documents to prove his ownership.

4. In view of the above, the petitioner is directed to produce all the relevant documents as required by the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the claim of the petitioner and pass appropriate orders, within a period of four weeks, thereafter.

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

Sd/- Assistant Registrar(RTI) \\True copy\\ Sub Assistant Registrar To The District Revenue Officer,Dindigul.

+2cc to Mr.D.Anandan Advocate Sr.No.28727 W.P(MD).No.19510 of 2014 08.06.2015 ssm NA/KBM/16/06/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/