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Madras High CourtWP(MD)/13719/2017disposed of

N.Krishnan, v. The District Collector,

2017-07-25Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.13719 of 2017 N.Krishnan ... Petitioner Vs.

1.The District Collector, O/o. District Collector, Korampallam, Thoothukudi, Thoothukudi District.

2.The Sub-Collector, O/o. Sub-Collector, Beach Road, Thoothukudi, Thoothukudi District.

3.The Assistant Director, Mines and Minerals, Thoothukudi, Thoothukudi District.

4.The Tahsildar, O/o. Tahsildar, W.G.C. Road, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Pudukkottai Police Station, Thoothukudi, Thoothukudi 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 vehicle viz., TATA HITACHI MODEL ZX120-H Hydraulic Backhoe with GP Bucket and Kit bearing Machine S.No.01S1-053390 seized on 02.07.2017, by the fourth respondent herein and handed over to the custody of the fifth respondent and return the vehicle to the petitioner.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.M.Alaguthevan Special Government Pleader

ORDER

The petitioner seeks for a Writ of Mandamus directing the respondents to release petitioner's vehicle viz., TATA HITACHI MODEL ZX120-H Hydraulic Backhoe with GP Bucket and Kit bearing Machine S.No.01S1-053390 seized on 02.07.2017, by the fourth respondent herein and handed over to the custody of the fifth respondent and to return the vehicle to the petitioner.

2. Mr.M.Alaguthevan, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition itself is taken up for final disposal.

3. The learned counsel appearing for the petitioner would bring to the notice of this Court through the typed set of papers that in similar circumstances, this Court considered the issue involved in this Writ Petition in W.P(MD)No.5675 of 2014 and ordered to release the vehicle. Subsequently also, the same issue was considered in W.P(MD)No.7614 of 2014 dated 29.04.2014 and vehicle therein was released with certain conditions.

4. The learned Special Government Pleader has not refuted the said submission of the learned counsel appearing for the petitioner. However, he prayed this Court that stringent conditions may be imposed for stopping such occurrence.

5. Considering the facts and circumstances of the case and in view of the fact that the vehicle in question is kept without any use by exposing it to the sun and the rain, it would certainly lose its value., the third 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 third respondent to establish his ownership of the vehicle in question;

(ii)The petitioner shall deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) with the third respondent;

(iii)The petitioner shall give an undertaking that he will not use the vehicle or any other vehicle for any illegal activities in future 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 third 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.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Korampallam, Thoothukudi, Thoothukudi District.

2.The Sub-Collector, Beach Road, Thoothukudi, Thoothukudi District.

3.The Assistant Director, Mines and Minerals, Thoothukudi, Thoothukudi District.

4.The Tahsildar, O/o. Tahsildar, W.G.C. Road, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Pudukkottai Police Station, Thoothukudi, Thoothukudi District.

+One cc to M/s.A.Thiruvadi Kumar, Advocate, SR.No.67517 +One cc to The Special Government Pleader, SR.No.68282 gk RL/8C/3P/MR/KKR/SAR1/31/7/2017 W.P.(MD)No.13719 of 2017 25.07.2017