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Madras High Court · body

2014 DIGILAW 880 (MAD)

G. Natarajan v. Assistant Director, Geology & Mines, Mines Department Office of the Collector

2014-04-09

C.S.KARNAN

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Judgment : 1. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. The learned counsel appearing for the petitioner would submit that orders are being passed in similar matters directing the release of the vehicle in question subject to certain conditions stipulated therein. Hence, he prays for similar order to be passed in this writ petition also. 3. The learned Government Advocate appearing for the respondents has no objection for such order being passed directing the release of petitioner's vehicle bearing Registration No.TN-07-BZ-1557 in question. 4. While recording the submission made on either side, I direct the first respondent to release the vehicle No.TN-07-BZ-1557 to the petitioner, on fulfilling the following conditions: (i) the petitioner shall deposit a sum of Rs.25,000/-(Rupees twenty five thousand only), in cash, before the first respondent; (ii) the petitioner shall produce the documents relating to the ownership of the vehicle; (iii) the petitioner shall file an undertaking that he will produce the vehicle in question before the respondent as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed; (iv) on compliance of the above conditions, the first respondent is directed to release the vehicle to the petitioner within two days; (v) the first respondent is directed to pass final orders in the adjudication proceedings, within a period of two months; and (vi) this order for release of the vehicle can be availed of by the petitioner, if no criminal case is pending against the alleged delinquency. If any criminal case is pending, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law.