IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-12-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.27168 of 2010 P.R.Venkatesh .. Petitioner. Versus 1.The District Revenue Officer Vellore District Vellore 2.The Inspector of Police Civil Supplies CID Vellore Vellore District .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to release the lorry bearing regisration No. KA 13A 4417 seized by the 2nd respondent on 25.09.2010 to the petitioner. For Petitioner : Mr.D.Sophia Selvi For Respondents : Mr.S.Gopinath Additional Government 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 lorry bearing Registration No.KA 13A 4417, seized by the Inspector of Police, Civil Supplies CID, Vellore, Vellore District, on 25.09.2010, to the petitioner.
3. Heard Ms.D.Sophia Devi, 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 lorry bearing Registration No.KA 13A 4417, 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 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 a 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.
4. With the above directions, the Writ Petition is disposed of. No costs.
Index:Yes/No 08.12.2010
Internet:Yes/No
arr
To
1.The District Revenue Officer
Vellore District
Vellore
2.The Inspector of Police
Civil Supplies CID
Vellore
Vellore District
M.JAICHANDREN J.,
arr
W.P.No.27168 of 2010
08.12.2010