1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2011 CORAM: THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P (MD) No.5578 of 2011 and M.P (MD) No.1 of 2011 K.Lourdu Akila ... Petitioner Versus Revenue Divisional Officer, Padmanabapuram, Thuckalai, Kanyakumari District. ... Respondent PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondent herein to forthwith release the L&T KOMAT SUPC, 130 Hitachi JCB, seized on 30.04.2011, at about 03.00 p.m. For Petitioner : Mr.T.Jeen Joseph For Respondent : Mr.B.K.Rajendran Additional Government Pleader O R D E R The writ petitioner has filed the above writ petition seeking for a direction against the respondent to release the L&T KOMAT SUPC, 130 Hitachi JCB, seized on 30.04.2011. 2. It is seen that the vehicle belonging to the petitioner viz., L&T KOMAT SUPC, 130 Hitachi JCB was seized on 30.04.2011 and the same is under the custody of the respondent, as if there is violation of rules and regulations in respect of transporting of materials. 3. According to the learned counsel for the petitioner, the petitioner has not committed any illegal act in carrying the materials and the vehicle has not involved in any offence. This Court has also passed final order in similar cases and in W.P(MD) No.5278 https://hcservices.ecourts.gov.in/hcservices/ 2 of 2006, dated 03.07.2006, this Court permitted the petitioner therein to get delivery of the vehicle. 4. Therefore, the following direction is issued for the release of Vehicle. i) The petitioner shall establish the ownership of the vehicle by producing necessary documents and certificates before the respondent; ii) It is made clear that the petitioner shall not alienate the vehicle till the adjudication is completed; iii) The petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven thousand five hundred only) by way of cash to the respondent; and iv) It is made clear that the petitioner shall give an undertaking before the respondent that he shall not use the vehicle, for any illegal activities in future." 5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To The Revenue Divisional Officer, Padmanabapuram, Thuckalai, Kanyakumari District. +1 CC to Mr.T.Jeen Joseph, Advocate (SR.No.16542) +1 CC to Special Government Pleader (SR.No.16758) W.P (MD) No.5578 of 2011 11.05.2011 ps/sms NSV/12.5.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/