Madras High CourtWP(MD)/7507/2016disposed of

K.Murugan, S/O.Kannaiah v. The Regional Transport Officer

2016-04-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.7507 of 2016 K.Murugan ... Petitioner Vs.

1.The Revenue Divisional Officer, Madurai.

2.The Sub Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

3.The Village Administrative Officer, Thuvariman Utkadai Village, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to release the vehicle lorry bearing Registration No.TN60Y 0388 seized by the 3rd respondent on 5.4.2016. For Petitioner : Mr.R.Ramachandran For Respondents : Mr.R.Anandaraj, 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, lorry bearing registration No.TN-60-Y-0388.

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 https://hcservices.ecourts.gov.in/hcservices/

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;

(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 (CS-II) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Madurai.

2.The Sub Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

3.The Village Administrative Officer, Thuvariman Utkadai Village, Madurai District.

+1 CC to M/s.R.RAMACHANDRAN, Advocate, SR No.21868 +1 CC to THE SPECIAL GOVERNMENT PLEADER , SR No.22520 Writ Petition (MD) No.7507 of 2016 20.04.2016 sms SH/SKS-RR:29.04.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/