Madras High CourtWP(MD)/26946/2019disposed of

Bheemaa Tractor Finance v. The Assistant Director

2019-12-18Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P(MD)No.23296 of 2019 Bheemaa Tractor Finance, represented by its Managing Director, D.Ganesan, D.No.93/20-W Kondithozhu Street, Cumbum, Theni District.

... Petitioner Vs.

1.The Assistant Director, Geology and Mining Department, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely Tractor bearing Registration No.TN 48H 8210 and Trailer bearing Registration No.TN 59 A 3739 by considering the Petitioner's representation, dated 2.12.2019 within the time stipulated by this Court.

For Petitioner : Mr.Karthick Raja for M/s.Ajmal Associates For Respondents : Mr.M.Pandiarajan, Additional Government Pleader

ORDER

Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the respondents.

2. By consent of both parties, the writ petition is taken up 1/3

for disposal at the admission stage itself.

3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely Tractor bearing Registration No.TN 48H 8210 and Trailer bearing Registration No.TN59 A 3739 by considering the Petitioner's representation, dated 2.12.2019 within the time stipulated by this Court.

4. According to the petitioner, even though he had plied the aforesaid vehicle with all relevant documents, the third respondent has seized the vehicle.

5. On the other hand, it is submitted by the learned Additional Government Pleader appearing for the respondents that the vehicle was seized as the same was plied without valid papers for transporting sand.

6. In any event, as the vehicle is under the custody of the respondents having been seized on 03.12.2019 and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondents, this Court is of the view that the vehicle can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle.

7. Accordingly, the second respondent is directed to release the vehicle in question to the petitioner within a period of seven days from the date of receipt of a copy of this order, subject to the following conditions:

"(i) The petitioner shall produce documents before the second respondent under whose custody the vehicle is kept, to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five Only) for the vehicle before the second respondent herein;

(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same 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 2/3

concerned;

(vi) The second respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order; and (vii) The petitioner is also directed to participate in the enquiry to be conducted by the second respondent."

8. The writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) vsn To:

1.The Assistant Director, Geology and Mining Department, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-105782[F] dated 19/12/2019 ) +1 CC to SPL.GP ( SR-105985[F] dated 19/12/2019 ) ORDER MADE IN and W.M.P(MD)No.23296 of 2019 18.12.2019 KM/(30.12.2019) 3P 6C 3/3