Lawarance v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2016 C O R A M THE HONOURABLE Dr.JUSTICE S.VIMALA Writ Petition (MD) No.17485 of 2015 Lawarance .. Petitioner Vs.

1.The District Revenue Officer, Kanyakumari District, at Nagercoil.

2.The Tahsildar, Flying Squad Section, Collector Office Campus, Nagercoil, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to release the petitioner's vehicle (Lorry) with Regn.No.TN 74 U 0012.

For petitioner ... Mr.K.P.Narayanakumar For Respondents ... Mr.V.Muruganandham Additional Government Pleader

O R D E R

This writ of Mandamus has been filed directing the respondents to release the petitioner's vehicle (Lorry) bearing Registration No.TN 74 U 0012.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. It is the case of the petitiner that he is the owner of the lorry bearing registration No.TN 74 U 0012. On 08.09.2016 the vehicle was seized by the second respondent alleging that the same was utilised for transporting kerosene, while the vehicle was parked near Marthandam market. On 09.09.2016, the petitioner made a representation to the respondents to release the vehicle, but the same was not considered so far. Hence, the petitioner has filed this writ petition.

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4.It is represented by the learned Additional Government Pleader for the respondents that the Tahsildar has made a request to the District Revenue Officer, Kanyakumari District to initiate confiscation proceedings. He would further submit that when notice is issued in the confiscation proceedings, it is for the petitioner to adjudicate his rights before the concerned authorities.

5.Recording the said submission, this writ petition is closed. If any confiscation proceedings is initiated or if no notice is ordered in the confiscation proceedings, liberty is given to the petitioner to approach this Court again. No costs. Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Kanyakumari District, at Nagercoil.

2.The Tahsildar, Flying Squad Section, Collector Office Campus, Nagercoil, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

+1cc to special Government Pleader SR.No.53167 +1cc to Mr.K.P.Narayanakumar, Advocate SR.No.53243 rj2 sm:GSV-PM:SAR I:21.10.2016:2P/6C Writ Petition (MD) No.17485 of 2016 16.09.2016 https://hcservices.ecourts.gov.in/hcservices/