Anarkali v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.14755 of 2020 Anarkali ... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai Taluk, Virudhunagar District.

3.The Inspector of Police, Thiruchuzhi Police Station, Virudhunagar District.

4.The Tahsildar, Thiruchuzhi Division, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 4th respondent to release and return the lorry bearing registration No.TN-55-AM-2751 which is in illegal custody of the 4th respondent to the petitioner. For Petitioner : Mr.R.Gandhi For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

(This writ petition is heard through Video Conference) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely lorry bearing registration No.TN-55-AM-2751, forthwith.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader, accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that she is the owner of the vehicle namely lorry bearing registration No.TN-55-AM-2751. According to her, on 24.11.2020, fourth respondent seized the vehicle and handed over to the third respondent. The third 1/3

respondent registered a case alleging that the petitioner has illegally transported bags containing calcite powder in her vehicle. According to her, ever since the seizure, the vehicle is still in the custody of the third respondent Police and till date, no confiscation proceedings have been initiated against the seized vehicle.

4. It is also the contention of the petitioner that the vehicle has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to her, the seized vehicle is kept idle in the Police Station premises in the open place and exposed to the vagaries of nature, resulting in the vehicle depreciating in value.

5. According to the petitioner, she gave a representation to the respondents on 27.11.2020 for releasing of the seized vehicle back to her. According to her, the respondents have failed to respond to the said representation. In such circumstances, she has filed this Writ Petition seeking for release of the seized vehicle.

6. Admittedly, the vehicle was seized by the fourth respondent and handed over to the third respondent and a case has been registered alleging that the petitioner has illegally transported bags containing calcite power in her vehicle. Admittedly, the vehicle is now in the Police Station premises and kept in the open place and exposed to the vagaries of nature and has also not been produced before the Jurisdictional Court.

7. As rightly contended by the learned counsel appearing for the petitioner, the vehicle will certainly depreciate in value, if it is allowed to remain in the open place and kept idle for a long period of time. No useful purpose will be served if the vehicle is allowed to be kept idle. In similar matters, this Court has granted release of seized vehicles to the respective petitioners subject to fulfillment of certain conditions. Therefore, this Court is inclined to grant similar relief to the petitioner subject to fulfillment of the following conditions:- (i)the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees twenty five Thousand only) in favour of the second respondent within a period of two weeks from the date of receipt of a copy of this order. (ii)the petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

(iii)the petitioner shall not change the colour and scheme of the vehicle.

(iv)the petitioner shall not use the vehicle for any illegal activities.

(v)before releasing the vehicle, the police authority shall take photographs of the vehicle at the 2/3

cost of the petitioner.

(vi)The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the second respondent.

(vii)As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and she shall cooperate with the enquiry to be conducted by the respondents.

8. Upon completion of the above mentioned formalities, the respondents shall release the vehicle namely lorry bearing registration No.TN-55-AM-2751 to the petitioner forthwith and without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled for interim release of the vehicle in the future.

9. The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the Advocate/litigant concerned. To 1.The District Collector,Virudhunagar District,Virudhunagar. 2.The Revenue Divisional Officer, Aruppukottai Taluk,Virudhunagar District.

3.The Inspector of Police, Thiruchuzhi Police Station,Virudhunagar District. 4.The Tahsildar, Thiruchuzhi Division,Virudhunagar District.

+1 CC to M/s.R.GANDHI, Advocate ( SR-24242[F] dated 07/12/2020 ) +1 CC to M/s.GP ( SR-24386[F] dated 08/12/2020 ) 04.12.2020 SS(CO) AP(09/12/2020) 3 P 7C 3/3