Madras High Court
WP/28801/2010 of T.GURRAPPAYADAV Vs THE DISTRICT REVENUE OFFICER on 23 December 2010
COURT OF JUDICATURE AT MADRAS DATED: 23.12.2010 CORAM THE HON'BLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
Writ Petition No.28801 of 2010
T.Gurrappayadav
vs.
The District Revenue Officer,Krishnagiri,Krishnagiri District.... Respondent.
Prayer: Petition filed under Article 226 of the Constitution of Indiapraying for the issuance of a Writ of Mandamus directing therespondent to release the lorry, bearing Registration No.AP-04-X-3456seized by the Inspector of Police, Civil Supplies CID, Krishnagiri,Krishnagiri District on 03.12.2010 to the petitioner.
For petitioner : Mr.C.Prakasam
For respondents : Mr.S.Gopinathan Addl.Govt.Pleader
*****O R D E R
Mr.S.Gopinathan, the Additional Government Pleader, takes noticefor the respondent.
2. This Writ Petition has been filed for the issuance of a Writof Mandamus, to direct the respondent to release the Lorry, bearingRegistration No.AP-04-X-3456 seized by the Inspector of Police, CivilSupplies CID, Krishnagiri, Krishnagiri District, on 03.12.2010, tothe petitioner.
3. Heard Mr.C.Prakasam, the learned counsel appearing on behalfof the petitioner and Mr.S.Gopinathan, Additional Government Pleader,appearing on behalf of the respondent.
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4. In view of the averments made by the petitioner and takinginto consideration the relief prayed for by the petitioner and since,similar orders have been passed by this Court, the respondent isdirected to release the lorry bearing Registration No.AP-04-X-3456,to the petitioner, on his fulfilling the following conditions:- https://hcservices.ecourts.gov.in/hcservices/(i) The petitioner shall establish the ownership ofthe vehicle, by producing the necessary documents and thecertificates, before the respondent, including the R.C.
Book.
(ii) The petitioner shall not alienate the vehicle,in any manner, till the adjudication proceedings arecompleted;
(iii) The petitioner shall deposit a sum ofRs.30,000/- (Rupees Thirty thousand only) in cash, withthe respondent;
(iv) The petitioner shall give an undertaking beforethe respondent that he shall not use the vehicle, for anyillegal purpose, in future and that he shall also producethe vehicle, as and when it is required by therespondent; and
(v) This order for the release of the vehicle can beavailed of by the petitioner, if the vehicle is not inthe custody of the criminal Court. If the vehicle is inthe custody of the criminal Court, it would be open tothe petitioner to approach the Magistrate concerned toget the vehicle released by filing an appropriateapplication, in accordance with law.
5. With the above directions, the Writ Petition is disposed of.No costs.
Sd/Asst.Registrar/true copy/Sub Asst.Registrar arTo The District Revenue Officer,Krishnagiri,Krishnagiri District.
+1cc to Mr.C.Prakasam, Advocate Sr 27+1cc to Govt. Pleader Sr 92478
TS(CO)km/11.1.
W.P.No.28801 of 2010
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