K.Sankar, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2017

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.17528 of 2017 K.Sankar : Petitioner -vs1. The District Revenue Officer, Trichy District, Trichy.

2. The Inspector of Police, CSCID, Trichy.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to release the petitioner's Goods Carrier Vehicle (Tata Ace) bearing Registration No.TN-45 AS 5833 and handover the same to the petitioner.

For Petitioner : Mr.T.Senthil Kumar For Respondents : Mr.C.Selvaraj Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 herein to release the petitioner's Goods Carrier Vehicle (Tata Ace) bearing Registration No.TN-45 AS 5833 and hand over the same to the petitioner. 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, Goods Carrier Vehicle (Tata Ace) bearing Registration No.TN-45 AS 5833 and on 25.08.2017, the second respondent seized the vehicle and kept it in his custody. Thereafter, the petitioner approached the second respondent seeking to release the vehicle. Since there is no response, the present writ petition.

4. The learned Special Government Pleader, on instructions, would submit that the above said vehicle was involved for illegally transporting 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.15,000/- (Rupees Fifteen 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-45 AS 5833 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-45 AS 5833 is seized by the second respondent on 25.08.2017, 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 /True Copy/ Sub Assistant Registrar

To

1. The District Revenue Officer, Trichy District, Trichy.

2. The Inspector of Police, CSCID, Trichy.

+1cc to Mr.T.Senthil Kumar, Advocate Sr.No.79553 +1cc to Spl.Government Pleader Sr.No.79758 DSK/SKN VB/SKN/RSK/SAR1/28/09/2017/3P/5C W.P(MD)No.17528 of 2017 18.09.2017