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Madras High Court · body

2015 DIGILAW 327 (MAD)

N. Maharajan v. Tahsildar, Tirunelveli

2015-01-21

K.RAVICHANDRA BAABU

body2015
Judgment 1. The petitioner seeks for a Mandamus, directing the respondents to release the petitioner's Tractor bearing Registration No.TN-67-B-4024. 2. Mr.V.Muruganandham, learned Additional Government Pleader takes notice for the respondents. 3. It is the contention of the petitioner that he is the owner of the said vehicle and the said vehicle is being used strictly for lawful purpose. It is his further contention that on 11.12.2014, the said vehicle was seized by the respondents without having any valid reason. 4. According to the petitioner, the vehicle was involved in lawful transportation only. Therefore, for the release of the said vehicle, the present Writ Petition is filed. 5. Considering the above stated facts and circumstances and also considering the fact that the vehicle is kept idle at the office of the second respondent exposed to sun and rain, which will diminish its value, I am inclined to order release of the vehicle subject to the following terms and conditions, as has been stipulated in other similar cases. 6. Consequently, this Court is satisfied to direct the respondents to release the said vehicle subject to the following conditions:- “i) The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question; ii) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the first respondent; iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the first respondent. iv) On doing so, the vehicle in question shall be returned to the petitioner; and v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.” 6. The Writ Petition is ordered accordingly. No costs.