Madras High CourtWP(MD)/17377/2015disposed of

Equitas Finance Company v. The District Revenue Officer,

2020-01-27Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD).No.17377 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR W.P.(MD).No.17377 of 2015 Equitas Finance Company Pvt. Ltd., Represented by its authorized Signatory, V.Karuppusamy, S/o.Velusamy, G.V.Complex, Jawahar 2nd Street, Madurai - 10.

.. Petitioner Vs.

The District Revenue Officer, Usilampatti, Madurai District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation, dated 13.08.2015 pertains to release of vehicle No.TATA 1613 bearing registration No.TN.32 V.2349 within a time stipulated by this Court. For Petitioner : Mr.B.Janarth Kumar For Respondent : Mr.C.Ramar Additional Government Pleader

ORDER

This Writ petition has been filed for issuing a writ of Mandamus directing the respondent to consider the petitioner's representation.

2.The petitioner appears to be a financier, who has financed for a vehicle TATA 1613 bearing registration No.TN.32 V.2349. The vehicle was under hypothecation agreement and the financier was supposed to be the owner till the borrower repay the entire amount. Though the substantial amount has to be recovered from the borrower towards the amount financed by the petitioner, it is stated by the petitioner that the vehicle was seized by the respondent in relation to a mining case. Since the vehicle was kept under the custody of the respondent, the petitioner has approached this Court to issue https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.17377 of 2015 direction to respondent to consider his representation even in the year 2015. It is unfortunate that the vehicle was kept idle for more than five years in view of the pendency of this writ petition. 3.Considering the limited scope of the prayer and the facts narrated above, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to issue the following direction to the respondent.

(i)The respondent is directed to consider the representation of the petitioner, dated 13.08.2015 for the release of the vehicle and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of the copy of this order.

4.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) TM To The District Revenue Officer, Usilampatti, Madurai District.

+1 CC to Mr.B.JANATHKUMAR, Advocate ( SR-3673[F] dated 29/01/2020 ) W.P.(MD).No.17377 of 2015 27.01.2020 VB(07.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2