Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 1569 (MAD)

Govardhanam @ Govindan v. District Revenue Officer Krishnagiri

2012-03-29

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents. 2. The learned counsel appearing on behalf of the petitioner had submitted that the lorry, bearing Registration No.TN-41 0271, belonging to the petitioner, had been seized by the second respondent, on 30.04.2011, relating to Crime No.304 of 2011. 3. This Court, had passed an order, dated 25.05.2011, in W.P.No.12777 of 2011. The said order reads as follows: "The petitioner in this Writ Petition seeks for the issuance of a writ of Mandamus to direct the first respondent to release the Ashok Leyland Lorry bearing Chassis Number ALEE 189037, Engine No.12304 and Registration No.TN-41 0271 seized by the second respondent on 30.04.2011 to the petitioner. 2.) Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents, who would submit that in such matters, orders have been passed earlier by this Court releasing the vehicle with certain conditions. A copy of the order dated 02.03.2011 passed in W.P.No.3826 of 2011 has also been produced before this Court. 3.) In view of the same, a similar order is passed in this Writ petition also directing the first respondent to release the Ashok Leyland Lorry bearing Chassis Number ALEE 189037, Engine No.12304 and Registration No.TN-41 0271 Seized by the second respondent on 30.04.2011 to the petitioner, subject to the following conditions: (a) The petitioner shall establish the ownership of the vehicle by producing necessary certificate before the first respondent. (b) The petitioner shall not transfer the vehicle or encumber the same in any manner till the adjudication is over. (c) The petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only), by way of cash with the first respondent. (d) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the vehicle as and when required by the respondents and (e) The release of this vehicle is subject to the outcome of the adjudication proceedings initiated or to be initiated as against the petitioner. 4.) This Writ petition is disposed of on the above terms. No costs." 4. 4.) This Writ petition is disposed of on the above terms. No costs." 4. However, it is noted that there is no condition imposed by this Court, by its order, dated 25.05.2011, to deposit the original registration certificate, relating to the vehicle in question, with the first respondent, while releasing the vehicle. However, the first respondent, inspite of releasing the vehicle in question, is retaining the registration certificate relating to the said vehicle. 5. The learned counsel appearing on behalf of the respondents has submitted, on instructions, that the registration certificate relating to the vehicle in question could be returned to the petitioner on condition that he produces the same, as and when it is required by the respondents, during the adjudication process, and to produce the same, before the criminal Court concerned, relating to Crime No.304 of 2011. 6. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, the first respondent is directed to return the original registration certificate relating to the lorry, bearing Registration No.TN-41 0271, to the petitioner, within a period of seven days from the date of receipt of a copy of this order. The petitioner shall produce the original registration certificate, as and when required by the respondents or by the Criminal Court concerned, in the proceedings relating to Crime No.304 of 2011. This Writ Petition is ordered accordingly. No costs.