WP(MD)/25060/2016 of T.MUTHAIAH @ SKAILAB Vs THE REVENUE DIVISIONAL OFFICER on 29 December 2016

Relief

1. The Revenue Divisional Officer,Revenue Divisional Office,Tenkasi,Tirunelveli District.

2. The Zonal Deputy Tahsildar,Sivagiri Taluk Office,Sivagiri, Tirunelveli District. .. Respondents Prayer: Writ Petition is filed under Article 226 of theConstitution of India for issuance of a Writ of Mandamus,directing the 1[st] respondent to release the petitioner's vehiclesnamely Tractor with Tailor and JCB bearing Regn.No.TN-79-A-0024,TN-76-F-2461, TN-76-S-6435 respectively, which wereseized by the 2[nd] respondent on 09.08.2016.

The writ petition has been filed for issuance of a Writ ofMandamus, directing the 1[st] respondent to release the petitioner'svehicles, namely, Tractor with Tailor and JCB bearing Regn.No.TN-79-A-0024,TN-76-F-2461, TN-76-S-6435 respectively, which wereseized by the 2[nd] respondent on 09.08.2016.

2. Mr.C.Selvaraj, learned Special Government Pleader takesnotice for the respondents.

3. By consent, this Writ Petition itself is taken up for finaldisposal.https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner would bringto the notice of this Court through the typed set of papers that in similar circumstances, this Court considered the issue involvedin this Writ Petition in W.P.(MD).No.5675 of 2014 and ordered torelease the vehicle. Subsequently also, the same issue wasconsidered in W.P.(MD).No.7614 of 2014, dated 29.04.2014 andvehicle therein was released with certain conditions.

5. The learned Special Government Pleader has not refuted thesaid submission of the learned counsel appearing for thepetitioner. However, he prayed this Court that stringentconditions may be imposed for stopping such occurrence.

6. Considering the facts and circumstances of the case and inview of the fact that the vehicles in question are kept withoutany use by exposing it to the sun and the rain, it wouldcertainly lose its value, the first respondent is directed torelease the vehicles in question to the petitioner on thefollowing conditions:

“(i) The petitioner shall produce necessary documents beforethe first respondent to establish to prove his ownership of thevehicles in question;(ii) The petitioner shall deposit a sum of Rs.10,000/- foreach vehicle with the first respondent;

(iii) The petitioner shall give an undertaking that he willnot use the vehicles or any other vehicles for any illegalactivities and also he will not indulge in such activities infuture;

(iv) The vehicle shall be produced to the respondents as andwhen required.

7. After fulfilling all the four conditions, the firstrespondent shall release the vehicles in question to thepetitioner with specific condition that he shall not alienate orencumber the vehicles in question till the disposal of theproceedings before the authorities concerned. It is also madeclear that it is open to the authorities to take appropriateaction against the petitioner, in case, he violates any one of theconditions stipulated in this case.

8. With the above direction, this writ Petition standsdisposed of. No Costs.Sd/Assistant Registrar /True Copy/

Sub Assistant Registrar.

3To1.The Revenue Divisional Officer,Revenue Divisional Office,Tenkasi,Tirunelveli District.2.The Zonal Deputy Tahsildar,Sivagiri Taluk Office,Sivagiri,Tirunelveli District.

+1CC to M/S.C.Baskaran, Advocate, SR.No. 83845+1CC to the Special Government Pleader, SR.No. 83854

W.P(MD)No.25060 of 2016

PJLMSM/CK/SAR-1/29.12.2016/3P/5C