IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2011
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.2509 of 2011
Sukumaran ... Petitioner
Vs
1.The Assistant Director (G & M),
Mines & Minerals Department,
Thiruvallur,
Thiruvallur District.
2.The Revenue Divisional Officer,
Ponneri,
Thiruvallur,
Thiruvallur District.
3.The Inspector of Police,
Solavaram Police Station,
Chennai-67. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus Directing the second respondent to release the seized Lorry bearing Registration No.TN.09AB 5679, seized on 25.01.2011 by the first respondent.
For petitioner : Mr.R.C.Paul Kanagaraj
For respondents : Mr.R.Thirugnanam
Special Government Pleader
O R D E R
Mr.R.Thirugnanam, the Special Government Pleader, takes notice for the respondents.
2.This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the second respondent to release the seized Lorry bearing Registration No.TN.09AB 5679, seized on 25.01.2011, by the first respondent.
3.Heard Mr.R.C.Paul Kanagaraj, the learned counsel appearing on behalf of the petitioner and Mr.R.Thirugnanam, Special Government Pleader, appearing on behalf of the respondents.
4.In view of the averments made by the petitioner and taking into consideration the relief prayed for by the petitioner and since, similar orders have been passed by this Court, the second respondent is directed to release the lorry bearing Registration No.TN.09AB 5679, to the petitioner, on his fulfilling the following conditions:-
(i)The petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the Certificates, before the second respondent, including the R.C. Book.
(ii)The petitioner shall not alienate the vehicle, in any manner, till the adjudication proceedings are completed;
(iii)The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) in cash, with the second respondent, which will be subject to the final orders to be passed in the adjudication proceedings.
(iv)The petitioner shall give an undertaking before the second respondent that he shall not use the vehicle, for any illegal purpose, in future and that he shall also produce the vehicle, as and when it is required by the second respondent; and
(v)This order for the release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of a criminal Court, it would be open to the petitioner to approach the Magistrate concerned to get the vehicle released by filing an appropriate application, in accordance with law.
With the above directions, the Writ Petition is disposed of. No costs.
11.02.2011 INDEX : YES INTERNET : YES mps Note: Issue order copy on 14.02.2011 I.T. On 14.02.2011 M.JAICHANDREN,J mps To 1.The Assistant Director (G & M), Mines & Minerals Department, Thiruvallur, Thiruvallur District. 2.The Revenue Divisional Officer, Ponneri, Thiruvallur, Thiruvallur District. 3.The Inspector of Police, Solavaram Police Station, Chennai-67. Writ Petition No.2509 of 2011 11.02.2011