Madras High Court
WP(MD)/20960/2013 of MUTHAIAH, Vs THE REVENUE DIVISIONAL OFFICER on 30 December 2013
BENCH OF MADRAS HIGH COURT DATED: 30.12.2013 CORAM: THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20960 of 2013 and M.P(MD)No.1 of 2013 Muthiah ... Petitioner Vs. 1. The Revenue Divisional Officer, Sivaganga, Sivagangai District. 2. The Tahsildar, Office of the Taluk Office, Thiruppavanam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.12.2013
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.20960 of 2013andM.P(MD)No.1 of 2013
Muthiah
Vs.
... Petitioner
1. The Revenue Divisional Officer, Sivaganga, Sivagangai District.
2. The Tahsildar, Office of the Taluk Office, Thiruppavanam Taluk, Sivagangai District.
3. The Inspector of Police, Thiruppavanam Police Station, Sivagangai District.... Respondents Prayer: Petition filed under Article 226 of the Constitution ofIndia, to issue a writ of Mandamus to direct the respondentsherein to forthwith release the vehicle bearing RegistrationNo.Tipper TN-57-L-0461, belonging to the petitioner.
For Petitioner ... Mr.Veera KathiravanFor Respondents... Mr.S.Sathish Kumar, Additional Govt. Pleader
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ORDER
Heard the learned Counsel appearing for the petitioner andMr.S.Sathish Kumar, learned Additional Government Pleader whotakes notice for the respondents. By consent, the writ petitionitself is taken up for final hearing.
2. The petitioner has come up with the present writpetition for a writ of Mandamus, to direct the respondents hereinto forthwith release the vehicle bearing Registration No.TipperTN-57-L-0461, belonging to the petitioner.https://hcservices.ecourts.gov.in/hcservices/
3. It is the case of the petitioner that he is the owner ofthe vehicle in question. On 27.12.2013, the second respondentseized the vehicle. The petitioner, therefore, submitted arepresentation to the Revenue Divisional Officer, SivagangaiDistrict, on 27.12.2013, requesting for release of the vehicle.Since the vehicle has not been released so far, the petitioner,has come up with the present writ petition for the relief statedearlier.
4. Considering the above facts and circumstances of thecase, I am inclined to pass the following order:
(i) The petitioner is directed to deposit a sum ofRs.15,000/- (Rupees Fifteen Thousand only) with the firstrespondent, within a period of one week from the date of receiptof a copy of this order.
(ii) On deposit of the said amount, the respondents aredirected to release the vehicle on the following conditions:
(a) The petitioner shall produce before therespondents the relevant documents to establish that heis the owner of the vehicle.
(b) He shall execute an affidavit givingundertaking that he will not alienate the vehicle for aperiod of three months or till the completion of theproceedings, if any, initiated against him.
(c) The petitioner shall produce the vehiclebefore the respondents as and when required.
(iii) The respondents are at liberty to initiateproceedings against the petitioner, if the petitioner has violatedany of the provisions of the Acts or Rules. But the proceeding hasto be taken, within a period of three months from the date ofreceipt of a copy of this order. If no action is taken against thepetitioner, within the said period, the amount deposited by himshall be returned to him; and(iv) The petitioner shall abide by the orders passed by theauthority concerned or the respondents.
5. The writ petition stands ordered accordingly.Consequently, the connected Miscellaneous Petition is closed. Nocosts.
Vacation Officer/True Copy /
https://hcservices.ecourts.gov.in/hcservices/
Assistant Registrar
To
1. The Revenue Divisional Officer, Sivaganga, Sivagangai District.
2. The Tahsildar, Office of the Taluk Office, Thiruppavanam Taluk, Sivagangai District. Sivagangai District.
3. The Inspector of Police, Thiruppavanam Police Station, Sivagangai District. Sivagangai District.
+1cc to Mr.Veera Kathiravan, Advocate in SR No.64456.
rsb/sslmsm 31.12.2013 p3/5c
W.P(MD)No.20960 of 2013andM.P(MD)No.1 of 201330.12.2013