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Madras High CourtWP(MD)/9771/2021disposed of

Balamurugan v. The Dist,Revenue Officer

2021-06-04Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2021

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Balamurugan

...Petitioner

Vs.

1.The District Revenue Officer, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Civil Supplies C.I.D., Thoothukudi.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to release the Mahindra Bolero pick up van bearing Registration No.TN65-E-2527 seized by the second respondent on 10.03.2021 to the petitioner.

For Petitioner : Mr.T.Dhandapani For Respondents : Mr.P.Thilak Kumar, Standing Counsel for Govt.

O R D E R

This Writ Petition has been filed for a direction to the first respondent to release the petitioner's vehicle viz., Mahindra Bolero pick up van, bearing Registration No.TN-65-E-2527 seized by the second respondent, on 10.03.2021.

2.Heard the learned counsel for both sides.

3.The petitioner's vehicle was seized in connection with illegal transportation of PDS rice. The enquiry in this regard is still pending. The learned counsel for the petitioner affirms before this Court that the petitioner's vehicle was not involved in any previous incident of sand theft or illegal transportation of PDS rice.

4.The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value.

5.Further, the learned counsel appearing for the petitioner submitted that the petitioner is not having the original R.C.Book, 1/3

because he is only an agreement holder. The original documents are with the financier. The respondents are directed to return the same to the petitioner on production of the photocopies. Therefore, the respondents are directed to release the said vehicle subject to the following conditions.

6. Accordingly, this Writ Petition is disposed of with the following directions.

"(i)The petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code:IOBA0001172);

(ii)The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent ( as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;

(iii) On compliance of the above conditions, the second respondent is directed to release the seized vehicle bearing Registration No. TN-65-E-2527 to the petitioner.

(iv)The first respondent is directed to pass final orders in the adjudication proceedings, if any, within a period of 45 days;

(v)This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of the concerned criminal Court of appropriate jurisdiction, then option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law and in accordance with law; and (vi)Inasmuch as the vehicle bearing Registration No.TN-65-E-2527 is seized by the second respondent on 08.03.2021, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today.

No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Ns Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Revenue Officer, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Civil Supplies C.I.D., Thoothukudi.

+1 CC to M/s.T.DHANDAPANI, Advocate ( SR-18789[F] dated 04/06/2021 ) +1 CC to M/s.SPL GP ( SR-18921[F] dated 07/06/2021 ) W.P.(MD)No. 9771 of 2021 04.06.2021 mj(CO) TR(11.06.2021) 3P 5C 3/3