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2015 DIGILAW 281 (MAD)

Maraikan v. Revenue Divisional Officer, Madurai

2015-01-20

K.RAVICHANDRA BAABU

body2015
Judgment :- 1. The present writ petition is filed seeking for a Mandamus directing the respondent to release the lorry of the petitioner bearing registration No.TN/01/V/1719 confiscated by the respondent on 21.11.2014. 2. It is stated by the petitioner that the said lorry was carrying sand with sales slip issued by the Licensee of the Government Stock-yard dated 20.11.2014 in permit slip No.28702 and therefore, the respondent is not justified in seizing the vehicle by alleging that the transport of sand was without any valid document. It is also submitted that in pursuant to the seizure, a show-cause notice dated 24.11.2014 has also been issued by the respondent against the petitioner. The learned counsel further submitted that as the vehicle is kept under the custody of the respondent exposing the same to the sun and rain for the past more than two months, the petitioner is willing to deposit a sum of Rs.25,000/- for the release of the vehicle without prejudice to his rights to contest the proceedings before the respondent. 3. The learned Government Advocate appearing for the respondent submitted that the penalty liable to be paid by the petitioner in the event of the charge levelled against him is proved would be a sum of Rs.26,107/- and therefore, the interest of the department has to be safeguarded. 4. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 5. In this case, the petitioner's lorry bearing registration No.TN 01 V 1719 was confiscated by the respondent on 21.11.2014 based on certain allegations. It is also not in dispute that subsequently show cause notice is issued to the petitioner. Therefore, it is for the petitioner to give explanation to the show-cause notice and contest the proceedings before the respondent. But at the same time, the lorry so seized cannot be allowed to be exposed to the sun and rain, which ultimately would diminish its value. 6. Considering the facts and circumstances and without prejudice to the proceedings initiated by the respondent, the petitioner is directed to deposit a sum of Rs.27,000/- (Rupees Twenty Thousand only) before the respondent within a period of seven days from the date of receipt of a copy of this order. On such deposit, the respondent shall release the vehicle bearing registration No.TN/01/V/1719 immediately to the petitioner on furnishing the proof of ownership before the respondent. On such deposit, the respondent shall release the vehicle bearing registration No.TN/01/V/1719 immediately to the petitioner on furnishing the proof of ownership before the respondent. The petitioner shall not alienate the vehicle to any third party during the pendency of the proceedings initiated by the respondent. The respondent shall complete the disciplinary proceedings and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, thereafter. 7. With the above directions, this Writ Petition is disposed of. No costs.