Madras High CourtWP(MD)/6420/2016disposed of

M.Rengasamy, S/O.Manickam v. The Revenue Divisional Officer

2016-04-01Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.6420 of 2016 M.Rengasamy

...Petitioner

Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.

2.The Inspector of Police, Madukur Police Station, Pattukottai Taluk, Thanjavur District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents herein to release petitioners tractor and Tipper bearing registration No. TN 49 BY 0885 based on the petitioner representation dated 20.01.2016 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.R.Anandharaj, Government Advocate.

ORDER

Heard the learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Government Advocate, who takes notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

2.The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus, to direct the respondents to release the petitioner's vehicle namely, tractor and tipper bearing registration No.TN-49-BY-0885.

3.In similar circumstances, this Court, by order dated 25.07.2011 in W.P.(MD).No.8110 of 2011 directed the respondents therein to release the vehicle, subject to certain conditions. The said order has been followed in W.P(MD)No.4548 of 2012 dated 12.04.2012. 4.Following the above said orders, the writ petition is disposed of with the following conditions:- "(i)The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) before the authority concerned, within one week from the date of receipt of a copy of this order;

(ii)The petitioner shall produce documents before the respondents to establish the ownership of the vehicle in question;

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(iii)The petitioner shall give an undertaking that he will not use the vehicle in a route not authorized to ply and shall produce the vehicle as and when required by the respondents;

(iv)On doing so, the vehicle in question shall be returned to the petitioner;

(v)The petitioner shall not alienate the vehicle in question, till the disposal of the proceedings before the authority concerned".

No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.

2.The Inspector of Police, Madukur Police Station, Pattukottai Taluk, Thanjavur District.

+1cc to M/s.B.Jammel Arasu, Advocate in SR.18439 +1cc to the Special Government Pleader, in SR.18643 Writ Petition (MD) No.6420 of 2016 01.04.2016 sms PBK/SK-SKN/SAR-I 15/04/2016 ::2P-5C::

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