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V.SARAVANAN versus THE DISTRICT REVENUE OFFICER

High Court of Madras

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V.Saravanan v. The District Revenue Officer - W.P.No.3017 of 2007 [2007] RD-TN 1245 (2 April 2007)

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 02/04/2007

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

W.P.No.3017 of 2007

V.Saravanan ... Petitioner

Vs.

1.The District Revenue Officer,

Theni.

2.The Inspector of Police,

Civil Supplies CID,

Uthamapalayam,

Theni District. ... Respondents

PRAYER

This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to release the Lorry bearing Registration No.TN-60-Y-6951, seized by the second respondent, on 27.03.2007, to the petitioner. For Petitioner : Mr.C.Prakasam

For Respondents : Mr.D.Sasikumar

Government Advocate.

:ORDER



Mr.D.Sasikumar, the learned Government Advocate, takes notice on behalf of the respondents.

2.With the consent of the learned counsels on either side, the writ petition itself is taken up for final disposal.

3.Heard the learned counsels appearing for the petitioner and also the learned Government Advocate, appearing for the respondents.

4.According to the petitioner, he is the owner of the seized vehicle and the same is being used as a common carrier. It is submitted by the learned counsel for the petitioner that the petitioner had made a written representation, on 28.03.2007, seeking release of his lorry. However, the first respondent has not passed any order till date. Hence, the present writ petition has been preferred by the petitioner.

5.Taking into consideration the relief prayed for by the petitioner and in view of the similar order passed by this Court in W.P.No.5972 of 2006, dated 19.07.2006, the first respondents is directed to release the lorry bearing Reg.No.TN-60-Y-6951, to the petitioner on fulfilling the following conditions:- i) The petitioner shall establish the ownership of the vehicle by producing necessary documents and certificates before the respondents. ii) The petitioner shall not alienate the vehicle, in any manner, till the adjudication is over.

iii)The petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten thousand only), by way of cash, with the respondents.

iv)The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when it is required by the respondents.

6.The writ petition is disposed of accordingly. No costs. sms

To

1.The District Revenue Officer,

Trichy.

2.State rep by

The Inspector of Police,

CSCID, Trichy,

Civil Supplies CID.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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