K.Karumalaiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.23248 of 2017 K.Karumalaiyan ... Petitioner -vs1. The District Collector, Ramanathapuram.

2. The Revenue Divisional Officer, Paramakudi, Ramanathapuram.

3. The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 2nd respondent to release the petitioner's vehicle of Tata Tipper Lorry, bearing registration No.TN-74-Q-2463 from the custody of the 3rd respondent and to hand over the above vehicle to the petitioner, by considering the petitioner's representation dated 13.12.2017 within the time limit that may be stipulated by this Honble Court. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the 2nd respondent to release the petitioner's vehicle, namely, Tata Tipper Lorry, bearing Reg.No.TN-74-Q-2463 from the custody of the 3rd respondent and to hand over the same to the petitioner on the basis of his representation dated 13.12.2017.

2. According to the petitioner, even though the petitioner has plied the said vehicle with all relevant documents, the respondents have seized the vehicle. It is further submitted that there was no bad antecedent committed by the petitioner with the use of the very same vehicle.

3. On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicle was seized, as the same was plied without valid papers, including registration certificate book and transport permit for transporting sand.

4. In any event, as the vehicle is under the custody of the third respondent, having been seized on 08.12.2017 by the second respondent and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondents, this Court is of the view that the vehicle can be released by imposing conditions on the petitioner for release of the said vehicle.

5. Accordingly, the second respondent is directed to release the vehicle in question to the petitioner within a period of seven days, subject to the following conditions:

"(i)The petitioner shall produce documents before the second respondent to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) before the second respondent;

(iii) The petitioner shall give an undertaking to the second respondent that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondents; (iv) On doing so, the vehicle in question shall be returned to the petitioner by the respondents; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned."

6. This Writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Ramanathapuram.

2. The Revenue Divisional Officer, Paramakudi, Ramanathapuram.

3. The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

+1cc to Mr.M.S.Jeyakarthik, Advocate, Sr No.93435 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.93730 W.P.(MD) No.23248 of 2017 18.12.2017 ar MS/SV-MMS/SAR.1/19.12.2017/3P.6C