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Madras High Court · body

2015 DIGILAW 531 (MAD)

Adaikalam v. Revenue Divisional Officer, Tirunelveli

2015-01-30

K.RAVICHANDRA BAABU

body2015
Judgment 1. The petitioner seeks for a Mandamus, directing the second respondent to release the seized Tripper Lorry bearing Registration No.TN-34-E-5308 seized by the third respondent on 11.10.2014. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3. The grievance of the petitioner is that the said vehicle was not involved in any offence as alleged by the respondents and the vehicle was used only for lawful purpose. Therefore, for the release of the said vehicle, the present Writ Petition is filed. 4. In my considered view, as the fact remains that FIR has been registered against the said vehicle, all these contentions raised by the petitioner cannot be gone into by this Court at this stage. However, as the vehicle is seized and kept idle, certainly it would diminish the value of the same. 5. Considering the facts and circumstances of the case, the respondents are directed to release the said Tripper Lorry, bearing Registration No.TN-34-E-5308, seized by the third respondent on 11.10.2014, to the petitioner, subject to the following conditions:- “i) 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. ii) On deposit of the said amount, the respondents are directed to release the vehicle on the following conditions:- (a) The petitioner shall produce before the respondents the relevant documents to establish that he is the ownership of the vehicle; (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicle till the completion of the proceedings, if any, initiated against him; iii) 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 (iv) 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.