1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5973 of 2011 V.Senthamizh Selvi ... Petitioner Vs 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kumbakonam, Thanjavur District. 2.The Sub Inspector of Police, Thiruppananthal Police Station, Thanjavur District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents herein to release the tractor and trailor of the petitioner bearing Regn. No.TN 31 AW 1867 from the illegal custody of the second respondent forthwith to the petitioner. For petitioner ...Mr.B.Jameel Arasu For Respondents ...Mr.B.Pugalendhi Special Government Pleader O R D E R Mr.B.Pugalendhi, learned Special Government Pleader takes notice for the respondents. 2. By consent of both sides, the Writ Petition itself is taken up for final hearing. 3. The petitioner has come up with the present Writ Petition for a mandamus directing the respondents to release the tractor and trailor of the petitioner bearing Regn. No.TN 31 AW 1867 from the illegal custody of the second respondent forthwith to the petitioner. 4. On notice, the learned Special Government Pleader appearing for the respondents submits that the vehicle was seized by the respondents on the allegation of theft of sand. 5.In view of the above stated position, I am inclined to direct the respondents to release the petitioner's vehicle namely tractor and trailor bearing Regn. No.TN 31 AW 11867 with the following conditions: https://hcservices.ecourts.gov.in/hcservices/ 2 "(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; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. (vi) The respondents are at liberty to proceed against the petitioner in accordance with law within a period of three months from the date of receipt of this order. Failing which the amount deposited with the first respondent shall be returned to the petitioner.” 6. The Writ Petition is ordered accordingly. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kumbakonam, Thanjavur District. 2.The Sub Inspector of Police, Thiruppananthal Police Station, Thanjavur District +One cc to The Spl. Govt. Pleader, SR.No.18177 rj2 rl/4c – 24.6.2011 W.P.(MD) No.5973 of 2011 https://hcservices.ecourts.gov.in/hcservices/