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2012 DIGILAW 3627 (MAD)

C. Annamalai v. Revenue Divisional Officer

2012-08-21

M.JAICHANDREN

body2012
Judgment :- 1. Mr.R.Ravichandran, the Additional Government Pleader, takes notice for the respondents. 2. This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to release the Bullock cart seized by the Tahsildar, Gudiyatham, Vellore District, on 03.07.2012, from the petitioner. 3. Heard Mr.Paul Noble Devakumar, the learned counsel appearing on behalf of the petitioner and Mr.R.Ravichandran, Additional Government Pleader, appearing on behalf of the respondents. 4. In view of the averments made on behalf of the petitioner and taking into consideration the relief prayed for by the petitioner, in the present Writ Petition and as similar orders have been passed by this Court, the first respondent is directed to release the bullock cart, to the petitioner, on his fulfilling the following conditions:- (i) The petitioner shall establish the ownership of the bullock cart, by producing the necessary evidence; (ii) The petitioner shall not alienate the bullock cart, in any manner, till the adjudication proceedings are completed; (iii) The petitioner shall deposit a sum of Rs.2,000/-(Rupees two thousand only) in cash, with the first respondent; (iv) The petitioner shall give an undertaking before the first respondent that he shall not use the bullock cart, for any illegal purpose, in future and that he shall also produce the same, as and when it is required by the respondent; and (v) This order for the release of the bullock cart can be availed of by the petitioner, if it is not in the custody of a criminal Court. If it is in the custody of a criminal Court, it would be open to the petitioner to approach the Magistrate concerned to get the bullock cart released, by filing an appropriate application, in accordance with law. 5. With the above directions, the Writ No costs.