IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.12.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28223 of 2010 C.Kannan ... Petitioner. vs. The District Revenue Officer, Tiruppur, Tiruppur District. ... Respondent. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to release the Maruthi Omni bearing Registration No.TN-04-D-8082 seized by the Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District on 24.11.2010 to the petitioner. For petitioner : Mr.C.Prakasam For respondents : Mr.S.Gopinathan Addl. Govt. Pleader O R D E R
Mr.S.Gopinathan, the Additional Government Pleader, takes notice for the respondent.
2. This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondent to release the Maruthi Omni bearing Registration No.TN-04-D-8082, seized by the Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District, on 24.11.2010, to the petitioner.
3. Heard Mr.C.Prakasam, the learned counsel appearing on behalf of the petitioner and Mr.S.Gopinathan, Additional Government Pleader, appearing on behalf of the respondent.
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 respondent is directed to release the Maruthi Omni, bearing Registration No.TN-04-D-8082, 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 respondent, including the R.C. Book.
(ii) The petitioner shall not alienate or encumber 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 respondent;
(iv) The petitioner shall give an undertaking before the 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 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 the 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.
5. With the above directions, the Writ Petition is disposed of. No costs.
Index : Yes
Internet : Yes
Note: Issue order copy on 23.12.2010
The District Revenue Officer,
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