P.Sivakumar, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15509 of 2018 P.Sivakumar ... Petitioner vs.
1. The District Collector, Trichy District, Trichy.
2. The District Revenue Officer, Trichy District, Trichy.
3. The Assistant Director (Mines), The Office of the Assistant Director of Mines, Collectorate, Trichy, Trichy District.
4. The Inspector of Police, Manikandam Police Station, Manikandam, Trichy District.
... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the respondents to release the petitioner vehicle Tractor (Agriculture) and Tipper (open) bearing Registration No. TN 48 AJ 0596. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.J.Gunaseelanmuthiah Additional Government Pleader
O R D E R
The petitioner seeks for a writ of mandamus directing the respondents to release the petitioner's vehicle Tractor (Agriculture) and Tipper (open) bearing Registration No. TN 48 AJ 0596 seized on 10.07.2018 by the third respondent. 2.According to the petitioner, even though his driver had plied the aforesaid vehicle with all relevant documents, the third respondent has seized the vehicle.
3.On the other hand, it is submitted by the learned Additional Government Pleader appearing for the respondents that the vehicle was seized as the same was plied without valid papers, including registration certificate books and transport permit. 4.In any event, as the vehicle is under the custody of the respondents having been seized on 10.07.2018 and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondents, this Court is of the view that the vehicle can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle. 5.
(ii) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) before the second respondent herein;
(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondents;
(iv) On doing so, the vehicle in question shall be returned to the petitioner;
(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority
concerned;
(vi) The second respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order; and (vii) The petitioner is also directed to participate in the enquiry to be conducted by the second respondent."
6.The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Trichy District, Trichy.
2. The District Revenue Officer, Trichy District, Trichy.
3. The Assistant Director (Mines), The Office of the Assistant Director of Mines, Collectorate, Trichy, Trichy District.
4. The Inspector of Police, Manikandam Police Station, Manikandam, Trichy District.
+1 CC to Mr.N.PRAGALATHAN, Advocate in SR.No.73340 +1 CC to the Special Government Pleader in SR.No.73575 MM RJ/RP/SAR-2/19/07/2018 - 3P/7C W.P.(MD) No.15509 of 2018 17.07.2018