BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 02/04/2007 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.3017 of 2007 V.Saravanan ... Petitioner Vs. 1.The District Revenue Officer, Theni. 2.The Inspector of Police, Civil Supplies CID, Uthamapalayam, Theni District. ... Respondents PRAYER This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to release the Lorry bearing Registration No.TN-60-Y-6951, seized by the second respondent, on 27.03.2007, to the petitioner. !For Petitioner : Mr.C.Prakasam For Respondents : Mr.D.Sasikumar Government Advocate. :ORDER
Mr.D.Sasikumar, the learned Government Advocate, takes notice on behalf of
the respondents.
2.With the consent of the learned counsels on either side, the writ
petition itself is taken up for final disposal.
3.Heard the learned counsels appearing for the petitioner and also the
learned Government Advocate, appearing for the respondents.
4.According to the petitioner, he is the owner of the seized vehicle and
the same is being used as a common carrier. It is submitted by the learned
counsel for the petitioner that the petitioner had made a written
representation, on 28.03.2007, seeking release of his lorry. However, the first
respondent has not passed any order till date. Hence, the present writ petition
has been preferred by the petitioner.
5.Taking into consideration the relief prayed for by the petitioner and in
view of the similar order passed by this Court in W.P.No.5972 of 2006, dated
19.07.2006, the first respondents is directed to release the lorry bearing
Reg.No.TN-60-Y-6951, to the petitioner on fulfilling the following conditions:-
i) The petitioner shall establish the ownership of the vehicle by
producing necessary documents and certificates before the respondents.
ii) The petitioner shall not alienate the vehicle, in any manner, till the
adjudication is over.
iii)The petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten thousand
only), by way of cash, with the respondents.
iv)The petitioner shall 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 it is required by the respondents.
6.The writ petition is disposed of accordingly. No costs.
sms
To
1.The District Revenue Officer,
Trichy.
2.State rep by
The Inspector of Police,
CSCID, Trichy,
Civil Supplies CID.