1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5867 of 2011 A.Shanmugathai : Petitioner Vs. 1. The District Collector, Tirunelveli District, Tirunelveli. 2. The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3. The Tahsildar, Palayamkottai, Tirunelveli. : 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 first respondent to release the lorry bearing Registration No.TDM-2012 seized by the third respondent through seizure memo dated 29.04.2011 to the petitioner. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.Chandrasekar Government Advocate ORDER ****** Mr.Chandrasekar, learned Government Advocate, takes notice on behalf of the respondents. 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 Government Advocate appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to release the lorry bearing Registration No.TDM-2012 seized by the third respondent through seizure memo dated 29.04.2011 to the petitioner. 4. It is the case of the petitioner that she is the owner of the vehicle in question. She had permit for transporting two units of sand from Virudhunagar Government Sand Quarry to Reddiyarpatti, Tirunelveli. While the driver of the vehicle transporting the sand, the third respondent seized the vehicle. The petitioner, therefore, sent a detailed representation to the first and second respondents on 10.05.2011, requesting 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.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 she is the owner of the vehicle. (b) She shall execute an affidavit giving undertaking that she will not alienate the vehicle for a period of three months or till the completion of the proceedings, if any, initiated against her. (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 her shall be returned to her; 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 (L.A) /True Copy/ Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli. + 1 cc to Mr.P.Samuel Gunasingh, Advocate, SR No.17545 + 1 cc to to The Special Government Pleader, SR No.17813 Order made in W.P.(MD)No.5867 of 2011 Dated: 08.06.2011 SML RJ/16.6.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/