M.Arumugavel vs The District Collector on 6 March, 2015

[Cites 1, Cited by 0]

Madras High Court

M.Arumugavel vs The District Collector on 6 March, 2015

Bench: K.Ravichandrabaabu

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.03.2015

CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

W.P.(MD)No.3143 of 2015

M.Arumugavel			          	... Petitioner

Vs.

1.The District Collector,
  Ramanathapuram District,
  Ramnad.

2.The Revenue Divisional Officer,
  Ramanathapuram District,
  Ramnad.

3.The Tahsildar,
  Rameswaram Taluk Office,
  Ramanathapuram District,
  Ramnad.				             ... Respondents

PRAYER

Writ Petition is filed under Article 226 of the Constitution of India
for the issuance of a Writ of  Mandamus, to  direct the  respondents herein
to forthwith release my above Tractor bearing Registration No.TN-76-A-3099.

!For Petitioner	:Mr.P.Mahendran
	
For Respondents	:Mr.R.Anandha Raj
 			 Govt.Advocate.

:ORDER

The petitioner seeks for a Mandamus, to direct the respondent to release the petitioner's vehicle namely Tractor bearing Registration No.TN- 76-A-3099.

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 it 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, all these contentions raised by the petitioner cannot be gone into by this Court at this stage. However, as the vehicle was 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 Tractor bearing Registration No.TN-76-A- 3099, seized by the second respondent on 17.02.2015, 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 second 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.

NOTE:I.T.ON 09.03.2015 06.03.2015 Index : Yes/No Internet : Yes/No gsr TO

1.The District Collector, Ramanathapuram District, Ramnad.

2.The Revenue Divisional Officer, Ramanathapuram District, Ramnad.

3.The Tahsildar, Rameswaram Taluk Office, Ramanathapuram District, Ramnad.

K.RAVICHANDRABAABU,J.

gsr W.P(MD)No.3143 of 2015 06.03.2015

Unlock Advanced Research with PRISMAI

Madras High Court