Bahuleyan v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.22665 of 2015 Bahuleyan ... Petitioner Vs.

1.The District Revenue Officer, Kanyakumari District, Nagercoil.

2.The Special Tahsildar, Flying Squad, Nagercoil, Kanyakumari District.

...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 to release the Ambassador car bearing Reg.No.KL-01-K-2926 seized by the second respondent on 03.08.2015 to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

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

2. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. This writ petition has been filed praying for a Writ of Mandamus to direct the first respondent to release the Ambassador car bearing Reg.No.KL-01-K-2926 seized on 03.08.2015 by the second respondent to the petitioner.

4. The learned Counsel appearing for the petitioner would bring to the notice of this Court through the typed set of papers that in similar circumstances, this Court considered the issue involved in the Writ Petition in W.P.(MD)No.6081 of 2015 and ordered to release the vehicle with certain conditions.

5. The learned Additional Government Pleader has not refuted the said submission of the learned Counsel appearing for the petitioner. However, he prayed this Court that stringent conditions may be imposed for stopping such occurrence.

6. Considering the facts and circumstances of the case and in view of the fact that the vehicle in question is kept without any use by exposing it to the sun and the rain, it would certainly lose its value, the first respondent is directed to release the vehicle in question to the petitioner on the following conditions:

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(i) The petitioner shall produce necessary documents before the first respondent to establish to prove his ownership of the vehicle in question; (ii) The petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand Only) with the first respondent;

(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and that he would produce the same, as and when required by the first respondent; (iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and (v) It is made clear that the release of the vehicle in question by this order is only an interim measure, as it would be subject to the final order to be passed by the authorities concerned, under Section 6-A of the Essential Commodities Act, 1955."

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub AssistantRegistrar To 1.The District Revenue Officer, Kanyakumari District,Nagercoil.

2.The Special Tahsildar, Flying Squad, Nagercoil, Kanyakumari District.

+1cc to Mr.R.Nandakumar, Advocate SR.No.72172 +1cc to the special Government Pleader SR.No.72215 +1cc to Mr.T.Lenin Kumar, Advocate Sr.No.72054 sm:GSV-An:29.12.2015:2p/6C W.P.(MD)No.22665 of 2015 16.12.2015 https://hcservices.ecourts.gov.in/hcservices/