Natarajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15899 of 2017 Natarajan ... Petitioner Vs.
1. The District Collector, Madurai District, Madurai.
2. The Revenue Divisional Officer, Madurai, Madurai District.
3. The Inspector of Police, CS CID, Food Cell, Madurai.
(Crime No.133 of 2017) ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the petitioner's vehicle TATA ACE bearing registration No.TN 58 M 9961.
For Petitioner : Mr.S.Muniyandi For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader
O R D E R
This Writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to release the petitioner's vehicle, namely, TATA ACE bearing registration No.TN 58 M 9961. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, he is the owner of the vehicle, namely, TATA ACE bearing registration No.TN 58 M 9961 and on 29.06.2017, the second respondent seized the vehicle and kept it in his custody. Thereafter, on 03.08.2017, the petitioner made a detailed representation to the second respondent seeking to release the vehicle, but so far the second respondent is not
releasing the vehicle and keeping it in his custody.
4. The learned Special Government Pleader, on instructions, would submit that the above said vehicle was involved for illegally transporting of kerosene. 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 second respondent is directed to release the seized vehicle bearing Regn.No.TN-58-M-9961 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 second 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-58-M-9961 is seized by the second respondent on 29.06.2017, 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(Writs) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Madurai District, Madurai.
2. The Revenue Divisional Officer, Madurai, Madurai District.
3. The Inspector of Police, CS CID, Food Cell, Madurai.
+1cc to Mr.S.Muniyandi, Advocate in SR.No.73993 +1cc to The Special Government Pleader in SR.No.74666 skn AE/SV MMS/SAR2/08.09.2017/3P/6C W.P.(MD)No.15899 of 2017 23.08.2017