P. Rajendran v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P.(MD)No.20236 of 2015 P.Rajendran : Petitioner Vs.

1.The District Revenue Officer, O/o.The District Revenue Office, Collector Office Campus, Trichy.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Trichy.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the first respondent herein to release the petitioner's vehicle bearing Registration No.TN-23W-3999, Ashok Leyland lorry to the petitioner on the basis of the representation dated 03.11.2015.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Kumar Additional Government Pleader

O R D E R

The petitioner seeks for a Writ of Mandamus directing the respondent Nos.1 and 2 to release his vehicle bearing Registration No.TN-23-W-3999, Ashok Leyland lorry, on the basis of the representation dated 03.11.2015.

2. According to the learned counsel appearing for the petitioner, the petitioner has not committed any offence warranting seizure of the vehicle. It is further submitted that the vehicle, which was seized, on 08.10.2015, is exposed to sun and rain thereby diminishing its value and therefore, it is contended that the vehicle may be directed to be released by imposing usual conditions, as in the case of others.

3. Mr.S.Kumar, the learned Additional Government Pleader, appearing for the respondents, is not having any objection for ordering the release of vehicle subject to certain conditions to be imposed as in the case of others.

4. Accordingly, this Writ Petition is disposed of directing the first respondent to release the vehicle of the petitioner herein bearing Registration No.TN-23-W-3999, subject to the following conditions:- "(i) The petitioner shall establish the ownership of the vehicle by producing the necessary documents and the certificates before the respondents, including the R.C.book; https://hcservices.ecourts.gov.in/hcservices/

(ii) The petitioner shall not alienate the vehicle, in any manner, till the adjudication proceedings are completed; (iii) The petitioner shall deposit a sum of Rs.15,000/- (Rupees fifteen thousand only), in cash, with the respondents; and (iv) The petitioner shall give an undertaking before the respondents that she shall not use the vehicle, for any illegal purpose, in future and he shall also produce the vehicle, as and when it is required by the respondents. No costs.

Sd/- Assistant Registrar(Per.Admn) /True copy/ Sub AssistantRegistrar To 1.The District Revenue Officer, O/o.The District Revenue Office, Collector Office Campus, Trichy.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Trichy.

+1cc to Mr.B.Jameel Arasu, Advocate Sr.No.65712 +1cc to the Special Government Pleader SR.No.65748 sm:sks-rr:23.11.2015:2P/5C ORDER MADE IN W.P.(MD)No.20236 of 2015 DATED - 16.11.2015 https://hcservices.ecourts.gov.in/hcservices/