Thangapandi, S/O.Chellakannu v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12898 of 2017 Thangapandi ... Petitioner Vs.

1. The District Revenue Officer, Madurai District, Madurai.

2. The Inspector of Police, Checkanurani Police Station, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to release the Bolero Pick Up Van bearing Registration No.TN-60/S 2380 seized by the second respondent on 04.06.2017, to the petitioner.

For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus directing the first respondent to release the Bolero Pick Up Van bearing Registration No.TN-60/S 2380 seized by the second respondent on 04.06.2017, to the petitioner. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal.

3.According to the petitioner, he is the owner of the above said Bolero Pick Up Van bearing Registration No.TN-60/S 2380 and on 04.06.2017, the second respondent seized the vehicle and kept it in his custody. Immediately, on 06.07.2017, the petitioner made a detailed representation to the first respondent seeking to release the vehicle, but so far the first respondent is not releasing the vehicle and keeping it in his custody.

4. The learned Special Government Pleader on instructions submitted that the above said vehicle was involved in illegal transport of PDS rice. Hence, the second respondent seized the same and kept it in his custody.

5. In similar circumstances, this Court has passed an order in W.P(MD)No.12365 of 2016, dated 14.07.2016, releasing the lorry with some conditions.

6. In view of the above, this Writ Petition is disposed of with the following conditions:- (a) The petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) in cash before the second respondent;

(b) The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle;

(c) The petitioner is to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent (as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed; (d) On compliance of the above conditions, the first respondent is directed to release the seized vehicle Registration No.TN-60/S 2380 to the petitioner (if he is in custody and possession), within three days from the date of receipt of a copy of this order;

(e)The first respondent is directed to pass final orders in the adjudication proceedings within a period of 45 days;

(f)This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of concerned Criminal Court of appropriate jurisdiction, then, option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law and in accordance with law; and (g) Inasmuch as the Vehicle bearing Registration No.TN-60/S 2380 is seized by the second respondent on 04.06.2017, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today.

The present Writ petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar

To

1. The District Revenue Officer, Madurai District, Madurai.

2. The Inspector of Police, Checkanurani Police Station, Madurai District.

+1cc to Mr.R.Venkateshwaran,Advocate,SR.65119 +1cc to M/S.Special Government Pleader,SR. 65640 W.P.(MD)No.12898 of 2017 13.07.2017 VSG/SKN KK/SV AA/SAR3/02.08.2017/3P-5C