1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5915 of 2011 S.Kumar : Petitioner Vs. The Revenue Divisional Officer, Nagercoil, Kanyakumari District. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent herein to forthwith release the tempo, bearing Registration No.TN-22-K-0837, seized on 03.06.2011. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.B.Pugalendhi Special Government Pleader ORDER Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the respondent herein to forthwith release the tempo, bearing Registration No.TN-22-K-0837, seized on 03.06.2011. 4. It is the case of the petitioner that he is the owner of the vehicle in question and the tempo was booked for carrying one load of rubbish from a quarry belongs to J.Godwin Moses, Nesamony Nagar, Nagercoil to J.C.M. Crusher for levelling the land. When on 03.06.2011 the tempo was carrying the same from the quarry to the crusher, the same was seized by the respondent . He has approached the respondent for release of the vehicle. Since the vehicle has not been released so far, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the above facts and circumstances, I am inclined to pass the following orders: (i) The petitioner is directed to deposit a sum of Rs.7,500/- (Rupees seven thousand and five hundred only) with the 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 respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the 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. If no action is taken against the petitioner, the amount deposited by him shall be returned to him; and (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. 6. The Writ Petition stands ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To The Revenue Divisional Officer, Nagercoil, Kanyakumari District. +1 CC to Mr.S.C.Herold Singh, Advocate (SR.No.17559) Order made in W.P.(MD)No.5915 of 2011 08.06.2011 SML NSV/8.6.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/