Madras High Court
WP(MD)/20961/2013 of CHOKKALINGAM Vs THE REVENUE DIVISIONAL on 30 December 2013
BENCH OF MADRAS HIGH COURT DATED: 30.12.2013 CORAM: THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.20961 and 20962 of 2013 and M.P(MD)Nos.1 and 1 of 2013 Chokkalingam ...Petitioner in both the petitions Vs. 1. The Revenue Divisional Officer, Sivaganga, Sivagangai District. 2. The Tahsildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 30.12.2013
CORAM:THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)Nos.20961 and 20962 of 2013andM.P(MD)Nos.1 and 1 of 2013
Chokkalingam ...Petitionerin both the petitions
1.The Revenue Divisional Officer, Sivaganga, Sivagangai District. Sivaganga, Sivagangai District.
Vs.
2.The Tahsildar, Office of the Taluk Office, Thiruppavanam Taluk, Sivagangai District.
3.The Inspector of Police,
Thiruppavanam Police Station, Sivagangai District. ... Respondents in both the petitions Prayer in W.P(MD)No.20961 of 2013:Petition filed under Article 226 ofthe Constitution of India, to issue a writ of Mandamus to direct therespondents herein to forthwith release the vehicle J.C.B. Mahendra EarthMaster, bearing Registration No.TN-63-AD-0515, belonging to thepetitioner.
Prayer in W.P(MD)No.20962 of 2013:Petition filed under Article 226 ofthe Constitution of India, to issue a writ of Mandamus to direct therespondents herein to forthwith release the vehicle Tipper, bearingRegistration No.TN-21-AY-8723, belonging to the petitioner.
For Petitioner ... Mr.Veera Kathiravan(in both the petitions)For Respondents... Mr.S.Sathish Kumar (in both the petitions)Additional Govt. Pleader
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COMMON ORDER
Heard the learned Counsel appearing for the petitioner andMr.S.Sathish Kumar, learned Additional Government Pleader who takesnotice for the respondents. By consent, the writ petition itself is takenup for final hearing.
2. The petitioner has come up with the present writ petitions fora writ of Mandamus, to direct the respondents herein to forthwith releasethe vehicles, namely, (i) J.C.B. Mahendra Earth Master, bearingRegistration No.TN-63-AD-0515 and (ii) Tipper, bearingRegistration No.TN-21-AY-8723, belonging to the petitioner.3. It is the case of the petitioner that he is the owner of thehttps://hcservices.ecourts.gov.in/hcservices/vehicles in question. On 27.12.2013, the second respondent seized thevehicles. The petitioner, therefore, submitted the representations to the Revenue Divisional Officer, Sivagangai District, on 27.12.2013,requesting for release of the vehicles. Since the vehicles have not beenreleased so far, the petitioner, has come up with the present writpetitions for the relief stated earlier.4. Considering the above facts and circumstances of the case, I aminclined to pass the following order:
(i) The petitioner is directed to deposit a sum of Rs.15,000/-(Rupees Fifteen Thousand only) for each vehicle, with the firstrespondent, within a period of one week from the date of receipt of acopy of this order.
(ii) On deposit of the said amount, the respondents are directedto release the vehicles on the following conditions:
(a) The petitioner shall produce before the respondentsthe relevant documents to establish that he is the owner of thevehicles.
(b) He shall execute an affidavit giving undertakingthat he will not alienate the vehicles for a period of threemonths or till the completion of the proceedings, if any,initiated against him.
(c) The petitioner shall produce the vehicles beforethe respondents as and when required.
(iii) The respondents are at liberty to initiate proceedingsagainst the petitioner, if the petitioner has violated any of theprovisions of the Acts or Rules. But the proceeding has to be taken,within a period of three months from the date of receipt of a copy ofthis order. If no action is taken against the petitioner, within the saidperiod, the amount deposited by him shall be returned to him; and(iv) The petitioner shall abide by the orders passed by theauthority concerned or the respondents.
5. The writ petitions stand ordered accordingly. Consequently, theconnected Miscellaneous Petitions are closed. No costs.
Sd/- Vacation Officer/Assistant Registrar /True copy/
To1.The Revenue Divisional Officer, Sivaganga, Sivagangai District.
Sub Assistant Registrar
2. The Tahsildar, Office of the Taluk Office, Thiruppavanam Taluk, Sivagangai District.
3. The Inspector of Police, Thiruppavanam Police Station, Sivagangai District.