M. Murugan vs The District Revenue Officer on 31 January, 2007

       

  

  

 
 
                               1
          IN THE HIGH COURT OF JUDICATURE AT MADRAS
                              
                     DATE :- 31.01.2007
                              
                          C O R A M
                              
         THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN
                              
                    W.P. No.1826  of 2007
                              

M. Murugan                         ..  Petitioner
                              

                            .vs.
                              

1. The District Revenue Officer,
    Office of the Collectorate,
    Salem District, Salem.

2. The Inspector of Police,
    Civil Supplies CID,
    Salem, Salem District.         ..  Respondents


     Petition filed under Article 226 of the Constitution of
India,  praying  to issue a writ of mandamus  directing  the
first  respondent to release the lorry bearing  Registration
No.KA,01/AE.2599  seized   by  the  second   respondent   on
8.1.2007  near Komparapatti Railway Station, Salem  District
to the petitioner.


   For Petitioner       : Mr. V. Balakrishnan
   For Respondents : Mr. M. Dhandapani, Addl.G.P.


O R D E R

It is well settled that the remedy under Article

226 of the Constitution of India is a discretionary remedy.

However, the Court exercises the power under Article 226 of

the Constitution of India in a judicial manner. In this

case, the petitioner’s vehicle has been seized for

committing an offence under the Essential Commodities Act.

Pending adjudication before the authority, the petitioner

now prays for the release of the vehicle. For that purpose,

the petitioner has relied upon various judgments of this

Court directing the authority to release the vehicles on the

petitioner’s fulfilling certain conditions imposed by the

Court. One among the conditions is to direct the petitioner

to deposit certain amount as directed by the Court. Taking

into consideration the spate of the writ petitions filed for

release of vehicles, the amount to be deposited has been

enhanced and it varies depending upon the circumstances of

the case, gravity of the offence and the value of the

vehicles.

2. By taking the above criteria into

consideration, while following the earlier orders of this

Court, the first respondent is directed to release the

vehicle namely lorry bearing Registration No.KA,01/AE.2599

seized by the second respondent on 8.1.2007 on the

petitioner fulfilling the following conditions:

” i. The petitioner shall establish the
ownership of the vehicle by producing necessary
certificate before the first respondent;

ii. The petitioner shall not alienate the
vehicle in any manner till adjudication is over.

iii. The petitioner shall deposit a sum of
Rs.20,000/- (Rupees twenty thousand only) in cash,
within a period of two weeks from today.

iv. The petitioner shall also give an
undertaking that he will not use the vehicle for
any illegal activities in future and also to
produce the vehicle as and when required by the
first respondent.”

This writ petition is ordered accordingly. No costs.

31.01.2007
ssa.

To

1. The District Revenue Officer,
Office of the Collectorate,
Salem District, Salem.

2. The Inspector of Police,
Civil Supplies CID,
Salem, Salem District.