N.Dhanam, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.10319 of 2016 N.Dhanam ..Petitioner Vs 1.The District Revenue officer, Office of the Collectorate, Sivagangai District.

2.The Inspector of Police, (Civil Supplies), Crime Investigation Department, Madurai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to release the MAHINDRA & MAXIMO Van bearing Registration No.TN 63 Q-7176, which was seized on 31.10.2015, by considering the representation made by the Petitioner to the First Respondent on 23.03.2016 requesting to release the Van.

For Petitioner :Mr.N.Saravanan for M/s.S.Baskar Mathuram For Respondents :Mr.J.Gunaseelan Muthiah Govt.Advocate.

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.According to the Petitioner, she is the owner of Mahindra and Maximo Van bearing Registration No. TN-63 A-7176 and on 31.10.2015, the said van was hired and the same was driven by her father-in-law and to her shock and surprise, she was informed that her vehicle was seized by the Sivagangai Police for transporting the Rice Food and Things without any valid permit. Moreover, the vehicle was handed over with load to the First

respondent/The District Revenue Officer, Sivagangai. It appears that till date, the adjudication proceedings have not been completed and even after several endeavours made by her and on payment of the fine amount of Rs.28,600/-, the van is not yet released. In this regard, she made representation before the First Respondent on 23.3.2016, making a request to release the van. All her efforts in this regard proved futile.

4.The grievance of the Petitioner is that the vehicle is now parked in a open place facing sun and rain and as such, the vehicle is getting damaged day-by-day. That apart, the Petitioner is solely depending upon the income being derived out of the vehicle in question.

5.In view of the fact that the Petitioner had already paid the fine amount of Rs.28,600/-, till date the Mahindra and Maximo Van bearing Registration No.TN-63 Q-7176 is not yet released, this Court, in the interest of justice, fair play, directs the First Respondent to consider the representation of the Petitioner, dated 23.3.2016 in this regard and to dispose of the same by passing a reasoned speaking order on merits within a period of two weeks from the date of receipt of a copy of this order(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit).In case, the First Respondent comes to the conclusion that there is no impediment for the release of the van in question, then the First Respondent is directed immediately to release the Mahindra and Maximo Van bearing Registration No.TN-63 Q-7176, to prevent aberration of justice and to promote substantial cause of justice.

6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The District Revenue officer, Office of the Collecotrate, Sivagangai District.

2.The Inspector of Police, (Civil Supplies), Crime Investigation Department, Madurai District.

+1cc to M/s.S.Baskarmathuram, Advocate SR.No.30223 +1cc to special Government Pleader SR.No.30151 sm:SK-SKN:SAR I:20.06.2016:2P/5C W.P(MD)No.10319 of 2016 13.06.2016