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2015 DIGILAW 1389 (MAD)

S. Sankar v. District Collector, Tirunelveli

2015-03-10

K.RAVICHANDRABAABU

body2015
Judgment :- 1. The petitioner seeks for release of the Tractor bearing Registration No.TN-72-AZ-9362 and Trailer bearing registration No.TN-72-Q-1476 respectively. 2. According to the petitioner, those vehicles have not indulged in any unlawful activities and however, they were seized on 12.01.2015 and kept in the custody of the third respondent. 3. The learned Additional Government Pleader appearing for the respondents submitted that the Tractor and Trailer seized are not having any registration numbers. 4. On the other hand, it is submitted by the learned counsel appearing for the petitioner that the details of the engine number and chaise number and other particulars available in the registration certificates of the both the vehicles may be verified by the respondents before releasing the vehicles. 5. Considering the fact that these vehicles are kept idle exposing them to sun and rain for the past two months, I am of the view that the same may be released subject to certain terms and conditions as has been imposed in other similar cases. Accordingly, the respondents are directed to release the Tractor bearing Registration No.TN-72-AZ-9362 and Trailer bearing registration No.TN-72-Q-1476 with the following conditions: i) The petitioner shall produce the relevant documents in support of the ownership of the vehicles to the authorities to verify the engine number, chaise number and other material particulars found in the registration certificates produced by the petitioner to ascertain the vehicles seized are given the Registration No. TN-72-AZ-9362 and registration No. TN-72-Q-1476 respectively. “ii) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the first respondent within a period of one week from the date of receipt of a copy of this order. iii) On deposit of the said amount and on being satisfied with the Registration numbers of the vehicles so seized, the respondents are directed to release the vehicles on the following conditions:- (a) The petitioner shall produce before the respondents the relevant documents to establish that he is the owner of the vehicles; (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicles till the completion of the proceedings, if any, initiated against him; iv) The respondents are at liberty to initiate proceeding against the petitioner, if the petitioner has violated any of the provisions 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 of this order. If no action is taken against the petitioner, within the said period, the amount deposited by him shall be returned to him; and (v) The petitioner shall abide by the orders passed by the authority concerned or the respondents. 6. With the above direction, this Writ Petition is disposed of. No costs.