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Madras High CourtWMP(MD)/10332/2022allowed

Suvilasan v. The Revenue Divisional Officer

2022-07-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twelfth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD). No.10332 of 2022 in WP(MD).No. 26537 of 2019 Suvilasan ... Petitioner/Petitioner Vs 1 The Revenue Divisional Officer Musiri Revenue Division Musiri Trichy District.

2 The Assistant Director of Mines And Minerals Trichy District Trichy.

3 The Inspector of Police Vathalai Police Station Vathalai Trichy District.

... Respondent/Respondent Prayer :- Writ Miscellaneous Petition filed under Article 226 to modify the condition imposed by this Honourable Court dated 13.12.2019 in W.P.(MD) No. 26537 of 2019 in condition 7(ii) against the petitioner regarding to deposit a sum of Rs.1,25,000/- (Rupees One Lkha twenty five Thousand only) for the vehicle before the first Respondent herein and pass or any other order or orders as this Honourable Court may deem fit and proper under the circumstances of the case and thus render justice.

Prayer in WP(MD).o. 26537/2019:

Writ Petition is filed under Article 226 of the Constitution of India, Praying this Court directing the Respondent ti rekease tge oetutuibers Hitachi Excavator Model EX 60G SR No. 10F-1046, seized on 14.05.2019 and keeping under the custody of the 3rd respondent by consider his representation dated 30.05.2019. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Vekatesan, Advocate for the Petitioner and of Mr.P.Thilakumar, Government Advocate for the respondent, this Court made the following order: https://www.mhc.tn.gov.in/judis 1/2

The petitioner filed the writ petition seeking return of the petition mentioned Excavator. The writ petition was allowed on condition that the petitioner should deposit a sum of Rs.1,25,000/-. Even though the order was passed way back on 13.12.2019, till date, the petitioner could not deposit the amount and therefore, he could not get back the vehicle. It is stated that the Excavator model itself is of the year 1995. It is also stated that the various parts of the vehicle have been damaged.

2. Taking note of these aspects, the condition to deposit a sum of Rs.1,25,000/- is deleted. This Writ Miscellaneous Petition is allowed.

Sd/- Assistant Registrar(CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO

1. The Revenue Divisional Officer Musiri Revenue Division Musiri Trichy District.

2. The Assistant Director of MiNes And Minerals Trichy District Trichy.

3. The Inspector of Police Vathalai Police Station Vathalai Trichy District.

ORDER DATED : 12/07/2022 ==========================

ORDER

========================== WMP(MD). No.10332 of 2022 in WP(MD).No. 26537 of 2019 Giving direction and etc.

as stated within.

KB(18.07.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2