Poonuchamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15607 of 2018 Ponnuchamy ... Petitioner vs.

1.The Revenue Divisional Officer, Srirengam, Trichy District.

2.The Tahsildhar, Marungapuri Taluk, 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's Tipper Lorry bearing Registration No.TN 22 BT 6944 forthwith in the light of the petitioner's representation dated 29.06.2018.

For Petitioner : Mr.P.Ramachandran For Respondents : Mr.V.Anand, Government Advocate

O R D E R

The petitioner seeks for a writ of mandamus directing the respondents to release his vehicle, namely, Lorry bearing registration No.TN 22 BT 6944 , seized on 25.06.2018 by the Revenue Inspector, Marungapuri and the Village Assistant, Kalingapatti East Village.

2. According to the petitioner, even though his driver had plied the aforesaid vehicle with all relevant documents, the second respondent has seized the vehicle.

3. On the other hand, it is submitted by the learned Government Advocate appearing for the respondents that the vehicle was seized as the same was plied without valid papers, including registration certificate books and transport permit for transporting sand.

4. In any event, as the vehicle is under the custody of the respondents having been seized on 25.06.2018 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. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the first respondent is directed to release the vehicle in question to the petitioner within a period of seven days from the date of receipt of a copy of this order subject to the following conditions:

"(i) The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the first 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 concerned Revenue Divisional Officer 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 concerned Revenue Divisional Officer."

6. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Revenue Divisional Officer, Srirengam, Trichy District.

2.The Tahsildhar, Marungapuri Taluk, Trichy District.

+1cc to M/S.P.Ramachandran, Advocate SR.No. 75803 +1cc to Special Government Pleader, SR.No. 75911 W.P.(MD) No.15607 of 2018 30.07.2018 gns JM/SKN RSK/SAR 4/07.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/