Madras High CourtWP(MD)/19783/2018allowed

Ravichandran, v. The Revenue Divisional Officer

2018-09-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD).No.19783 of 2018 Ravichandran ... Petitioner Vs.

1.The Revenue Divisional Officer, Devakkottai, Sivagangai District.

2.The Tahsildar, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondents to release the petitioner's lorry bearing Registration No.TN 28 AC 0223.

For Petitioner : Mr.S.Manikandan For Respondent : Mr.S.Anjappar Government Advocate

ORDER

The writ petitioner is the owner of the vehicle bearing Registration No.TN 28 AC 0223. It was seized by the respondents on 02.09.2018.

2.It appears that the said lorry was seized on account of illegal transport of sand. The enquiry, in this regard, is still pending. But no purpose will be served by keeping the lorry in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the third respondent is directed to release the said vehicle forthwith subject to the following conditions. a) The petitioner shall deposit a sum of Rs.50,000/- before the first respondent.

b) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

c) The petitioner shall not alienate the lorry till the proceedings are completed.

d) This order for 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 https://hcservices.ecourts.gov.in/hcservices/

approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law.

3.With the above directions this Writ petition is disposed of. No costs.

Sd/ Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Revenue Divisional Officer, Srirangam Revenue Divisional Office, Vannankovil, Trichy District.

2.The Tahsildar, Tahsildar Office, Manapparai, Trichy District.

3.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

+1cc to M/s.Special Government Pleader,SR.No. 84345 W.P(MD).No.19783 of 2018 14.09.2018 TM KK/RP/SAR-2/18.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/