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Madras High CourtWP(MD)/6074/2015disposed of

Karthik v. The District Revenue Officer,

2015-04-30Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.6074 of 2015 Karthik ... Petitioner Vs

1. The District Revenue Officer, Srirangam, Trichy District.

2. The Inspector of Police, Civil Supplies Crime Investigation Department, Trichy District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to release the Omni Van bearing registration No.TN-02-H-1327 seized on 23.01.2015 by the second respondent to the petitioner.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the first respondent to release the Omni Van bearing registration No.TN-02-H-1327 seized on 23.01.2015 by the second respondent to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's vehicle, Omni Van bearing Registration No.TN-02-H1327, had been seized by the second respondent on 23.01.2015. Seeking for direction to the first respondent to release the vehicle, the present petition has been filed.

4. Considering the similar issue, this Court passed an order in W.P.No.5202 of 2015 dated 08.04.2015, it is clearly stated as follows:

" Considering the facts and circumstances of the case and in view of the fact that the vehicle in https://hcservices.ecourts.gov.in/hcservices/

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:- (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 or any other vehicle for any illegal activities and also he will not indulge in such activities in future.

(iv) The vehicle shall be produced to the respondents as and when required.

After fulfilling all the four conditions, the first respondent shall release the vehicle in question to the petitioner with a specific condition that he shall not alienate or encumber the vehicle in question till the disposal of the proceedings before the authorities concerned. It is also made clear that it is open to the authorities to take appropriate action against the petitioner, in case, he violates any one of the conditions stipulated in this order.

With the above direction, this Writ Petition stands disposed of. No costs. " (Para 6)

5. In the light of the same, the petition is disposed of on the very same terms.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To

1. The District Revenue Officer,Srirangam, Trichy District.

2. The Inspector of Police, Civil Supplies Crime Investigation Department,Trichy District. +One cc to Mr.M.Subash Babu, Advocate, SR.No.24977 pmu RL/4 c- 15/5/2015 W.P(MD)No.6074 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 30.04.2015