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2015 DIGILAW 638 (MAD)

V. Parthipan v. Tahsildar, Trichy

2015-02-03

B.RAJENDRAN

body2015
Judgment 1. This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 3 to return the Mahindra Scorpio Vehicle bearing Registration Number Tamil Nadu-47/U-6699 to the petitioner. 2. According to the petitioner, he lost the vehicle somewhere in the year 2012, but he had not given any police complaint in this regard. According to him, the vehicle was taken by one of his relatives, who has the disease of temporary memory loss and he did not know where she parked the vehicle. Now, he came to know that the vehicle in question is with the respondent police. Therefore, he seeks the return of the vehicle. 3. The Government Advocate submits that the vehicle claimed by the petitioner was seized at Ponmalai, Tiruchirapalli East Taluk. As per the investigation, the said vehicle bears the reregistration TN-07-Q-7611 is related to TVS 50. Whereas, the petitioner claims that the vehicle is a Scorpio car bearing registration No.TN.47-U-6699. Apart from that, the vehicle was sold to various persons and the last purchaser is alleged to be the petitioner. However, he is not able to produce the original document and R.C.Book in support of his claim. Finding foul play, the respondent police have registered a case in Crime No.40 of 2013 under Section 102 Criminal Procedure Code dated 19.01.2013 and sent it to the jurisdictional magistrate. Now, it is in the custody of the jurisdictional magistrate. 4. In view of the above, the only recourse available to the petitioner is that the petitioner has to establish his legal right and ownership before the concerned jurisdictional magistrate to get the vehicle released. Even, in the counter affidavit, the respondent police have averred such fact. 5. This Writ Petition stands closed accordingly. No costs.