Hildon v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.02.2026

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.28732 of 2025 Hildon ... Petitioner Vs

1. The District Revenue Officer, Collectorate, Tirunelveli District..

2. The Inspector of Police,, CSCID Police Station, Tirunelveli, Tirunelveli District..

3. Ramesh, (R3 is Impleaded Vide Court Order Dated 02.02.2026 in Wmp(MD)no.2332/2026) ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to release petitioner ASHOK LEYLAND DOST vehicle bearing registration No.TN 75 AZ 6829 seized on 10.08.2025, which is in the custody of the respondents by considering petitioner's 1/6

representation dated 28.11.2025 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.SC.Herold Singh, For Respondents : Mrs.D.Farjana Ghoushia, Spl. Govt. Pleader for R1 M/s.M.Aasha,, Government Advocate (Crl.Side) No Appearance for R3

O R D E R

The present Writ Petition has been filed seeking a Mandamus directing the respondents to release the petitioner's ASHOK LEYLAND DOST vehicle bearing registration No.TN 75 AZ 6829, which is in the custody of the respondents, by considering his representation dated 28.11.2025.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent and learned Government Advocate (Crl. Side) appearing for the 2nd respondent.

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3. The Hon'ble Supreme Court of India, in more than one case, has held that detaining vehicles does not serve any purpose and being exposed to rain and sunlight, the vehicles would lose their value. Therefore, I direct the first respondent viz., the District Revenue Officer (DRO) to return the petition mentioned vehicle to the petitioner. Further, the following directions will protect the interest of both parties. (a)The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the first respondent within a period of two weeks from the date of receipt of a copy of this order;

(b) The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the authority; (c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle forthwith;

(d) The petitioner shall not use the said vehicle for any unlawful purpose and also shall not alienate the same during the pendency of the proceedings;

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(e) It is open to the first respondent to initiate proceedings in accordance with law and pass appropriate orders on merits, within a period of three months from the date of receipt of a copy of this order;

(f) If no such order is passed within the time stipulated therein, the amount so paid by the petitioner shall be refunded to him;

(g) This order for release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of Criminal Court. If the vehicle is in the custody of the Criminal Court, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law.

4. This writ petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is also closed. 20.02.2026 Index : Yes/No NCC : Yes/No VSM 4/6

TO

1. The District Revenue Officer, Collectorate, Tirunelveli District..

2. The Inspector of Police,, CSCID Police Station, Tirunelveli, Tirunelveli District..

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R.VIJAYAKUMAR, J.

VSM WP(MD) No.36127 of 2025 Date : 20.02.2026 6/6