Rijo v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17464 of 2018 Rijo ... Petitioner vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The District Revenue Officer, Tuticorin District, Tuticorin.

3.The Revenue Divisional Officer, Tuticorin, Tuticorin District.

4.The Inspector of Police, Thattapparai Police Station, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the third respondent to release the Lorry bearing Registration No.TN75 AA 4080 seized by the fourth respondent on 01.08.2018. For Petitioner : Mr.A.V.Rajasekaran For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

ORDER

The petitioner seeks for a writ of mandamus directing the third respondent to release the Lorry bearing Registration No.TN75 AA 4080 seized by the fourth respondent on 01.08.2018.

2. According to the petitioner, even though his driver had plied the aforesaid vehicle with all relevant documents, the fourth 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 for transporting sand.

4. In any event, as the vehicle is under the custody of the respondents having been seized on 01.08.2018 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. Accordingly, the third 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 third respondent under whose custody the vehicle is kept, 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 third 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 third 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 third respondent."

6. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To:

1.The District Collector, Tuticorin District, Tuticorin.

2.The District Revenue Officer, Tuticorin District, Tuticorin.

3.The Revenue Divisional Officer, Tuticorin, Tuticorin District.

4.The Inspector of Police, Thattapparai Police Station, Tuticorin District.

+1CC to Mr.A.V.Rajasekaran, Advocate, SR.No. 76963 +1CC to the Special Government Pleader SR.No. 77460 W.P.(MD) No.17464 of 2018 03.08.2018 CP ES/SKN/RSK/SAR 1/29.08.2018/3P/7C