1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.07.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.7336 of 2011 Mr.C.Solaimalai :Petitioner Vs. 1.The District Collector, Madurai. 2.The Tahsildar, Vadippatti Taluk, Madurai District. :Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner dated 10.06.2011 within a specified time frame and to release the lorry bearing No.KA 34/5484. For Petitioner :Mr.P.Sesubalan Raja For Respondents :Mr.T.S.Mohammed Moideen Additional Government Pleader ORDER Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents. 2.By consent of both sides, the writ petition itself is taken up for final hearing. The present writ petition is filed for a mandamus to direct the first respondent to consider the representation of the petitioner dated 10.06.2011 within a specified time frame and to release the lorry bearing No.KA 34/5484. 3.It is the case of the petitioner that on 08.04.2011 the lorry in question has been seized by the respondent. Sofar, it has not been released. That apart, no final order has been passed by taking proceedings under the relevant Act. Under the said circumstances, the petitioner had sent a representation dated 10.06.2011 to the first respondent to conduct enquiry in this matter. Since there was no response from the first respondent, he sent a remainder dated 28.06.2011. But the first respondent has not chosen to conduct any enquiry till date. Hence, the petitioner was constrained to approach this Court seeking a direction to the 1st https://hcservices.ecourts.gov.in/hcservices/ 2 respondent to dispose of his application dated 10.06.2011 within a specified time. 4.In view of the above stated position and in view of the said submission made by the learned counsel appearing for the petitioner, I am inclined to pass the following orders: (i) The petitioner is directed to deposit a sum of Rs.15,000/- (Rupees fifteen 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 second respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the second respondent the relevant documents to establish that he is the owner of the vehicle. (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicle for a period of three months or 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; (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. 5.The Writ Petition stands ordered accordingly. No costs Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai. 2.The Tahsildar, Vadippatti Taluk, Madurai District. +1cc to Mr.P.Sesubalan Raja, Advocate, Sr.No.21283 Order made in W.P.(MD)No.7336 of 2011 Dated: 01.07.2011 vs/SMA/20.07.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/