1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.6443 of 2011 and M.P.(MD)No.1 of 2011 N.Raman : Petitioner Vs. 1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli District. 4.The Junior Engineer, Public Works Department/ Water Resources Organisation, Vaipparu Irrigation Wing, Pudur, Thoothukudi District. 5.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to release the lorry bearing Registration No.TN-72-Q-2467 to the petitioner. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.B.Pugalendhi Special Government Pleader ******** ORDER ****** Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the respondents to release the lorry bearing Registration No.TN-72-Q-2467 to the petitioner. 4. It is the case of the petitioner that he is the owner of the vehicle in question and on 08.06.2011 when he was driving the vehicle by loading two units of sand to Tirunelveli, the third respondent waylaid the vehicle and seized the same. The petitioner approached the first and second respondents seeking 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. 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.10,000/- (Rupees ten thousand only) with the third 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 third respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the third 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, 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 authorities or the respondents. 6. The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli District. 4.The Junior Engineer, Public Works Department/ Water Resources Organisation, Vaipparu Irrigation Wing, Pudur, Thoothukudi District. 5.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District SML rl/6c – 28.6.2011 Order made in W.P.(MD)No.6443 of 2011 Dated: 21.06.2011 https://hcservices.ecourts.gov.in/hcservices/