IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 14-12-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28102 of 2010 S.K.Shukur .. Petitioner. Versus The District Revenue Officer, Salem, Salem District. .. Respondent. Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to release the Lorry bearing Registration No.AP-20-W-2327 seized by the Inspector of Police, Civil Supplies CID, Salem, Salem District, on 25.11.2010, to the petitioner. For Petitioner : Mr.C.Prakasam For Respondent : Mr.S.Gopinathan Additional Government Pleader O R D E R
This writ petition has been filed praying for a Writ of Mandamus, directing the respondent to release the lorry bearing Registration No.AP-20-W-2327, seized by the Inspector of Police, Civil Supplies, CID, Salem District, on 25.11.2010.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3. By consent of both the parties, the writ petition is taken up for final hearing and disposal.
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.AP-20-W-2327, 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 given 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.
5. The writ petition is disposed of, with the above directions. No costs.
Index:Yes/No 14-12-2010
Internet:Yes/No
csh
To
The District Revenue Officer,
Salem, Salem District.
M.JAICHANDREN,J.
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Writ Petition No.28102 of 2010
14-12-2010