S.Jaichithra v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.17693 of 2018 S.Jaichithra ... Petitioner vs.

1.The District Collector, Collector Office, Tiruchirappalli District.

2.The Revenue Divisional Officer, Srirangam Revenue Divisional, Vannankovil, Tiruchirappalli.

3.The Tahsildar, Taluk Office, Marungapuri Taluk, Tiruchirapalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus to direct the third respondent to return the Tipper Lorry bearing Registration No.TN 67 AD 4757.

For Petitioner : Mr.S.Gopalamanikandan For Respondents : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

The prayer sought for in the writ petition is to direct the third respondent to return the tipper lorry bearing Registration No.TN 67 AD 4757.

2.According to the petitioner, the lorry was seized on 10.07.2018 by the local Police for illegal transporting of sand without any documents. Thereafter, on 11.07.2018, the penalty notice was issued by the third respondent for illegal transporting of sand.

3.The learned counsel appearing for the petitioner would submit that the seized lorry has been under the custody of third respondent for more than a month and in the absence of available of the tipper lorry, the petitioner is unable to eke out her livelihood. Therefore, the learned counsel would submit that the https://hcservices.ecourts.gov.in/hcservices/

third respondent may be directed to release the lorry on imposing any condition.

4.The learned Additional Government Pleader appearing for the respondents would submit that the third respondent may be directed to release the vehicle on deposit of Rs.50,000/-. According to the learned Additional Government Pleader, in similar circumstances, this Court imposed the condition to deposit a sum of Rs.50,000/- for releasing such seized vehicle.

5.In view of the submissions, this Court is inclined to direct the third respondent to release the vehicle on condition that the petitioner shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the third respondent. Accordingly, the petitioner is directed to deposit the said amount, within a period of one week from today viz., 20.08.2018 and on such deposit is being made, the third respondent is directed to release the vehicle, without any further delay.

6.With these directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(WRITS) /True copy/ Sub Assistant Registrar(CS I) rmk To:

1.The District Collector, Collector Office, Tiruchirappalli District.

2.The Revenue Divisional Officer, Srirangam Revenue Divisional, Vannankovil, Tiruchirappalli.

3.The Tahsildar, Taluk Office, Marungapuri Taluk, Tiruchirapalli District.

1CC TO MR S. GOPALAMANIKANDAN, ADVOCATE SR 79429 1CC TO THE SPECIAL GOVERNMENT PLEADER, SR 79364 DS SKN SAR 1 21/08/2018 2P 6C W.P.(MD) No.17693 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/