IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.10.2008 CORAM THE HON'BLE MR.JUSTICE S.RAJESWARAN W.P.No.25502 of 2008 V.Mannankatti .... Petitioner vs 1.The Revenue Divisional Officer, Vanur Taluk, Villupuram District. 2.The Tahsildar, Vanur, Villupuram District. 3.The Sub Inspector of Police, Killiyanur Police Station, Villupuram District. .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the first respondent to release the tractor and tipper bearing Registration No.TN-32-T-7508 which was seized on 29.09.2008 by the second respondent to the petitioner. For petitioner : Mr.T.R.Rajaraman For respondents : Ms.Lita Srinivasan, Government Advocate O R D E R By consent of both sides, the writ petition itself is taken up for final disposal at the admission stage. 2. The petitioner seeks a Writ of Mandamus to direct the first respondent to release the tractor and tipper bearing Registration No.TN-32-T-7508 which was seized on 29.09.2008 by the second respondent to the petitioner. 3. According to the petitioner, he is the owner of the Tractor and Tipper bearing Registration No.TN-32-T-7058 and the same is being used for his own purpose. On the alleged transport of illicit sand, the Tractor and Tipper was seized by the second respondent and it is in the custody of the second respondent. Hence, he has filed the above writ petition for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 4. Taking into consideration the relief sought for, the first respondent is directed to release the Tractor and tipper bearing registration No.TN-32-T-7058 to the petitioner, on fulfilling the following conditions: (i) The petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousands only), if the offence was committed for the first time; Rs.20,000/- (Rupees Twenty Thousands only), if the offence was committed for the second time; and Rs.25,000/-(Rupees Twenty Five Thousands only), if the offence was committed for the third time, in cash before the first respondent. (ii) The petitioner shall produce the documents relating to the ownership of the vehicle. (iii) The petitioner shall file an undertaking that he will produce the vehicle in question before the first respondent as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed. (iv) On compliance of the above conditions, the first respondent is directed to release the vehicle to the petitioner within ten days. (v) The first respondent is directed to pass final orders in the adjudication proceedings, within a period of two months. (vi) This order for release of the vehicle can be availed of by the petitioner, if no criminal case is pending against the alleged delinquency. If any criminal case is pending, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law. 5.The writ petition is disposed of subject to the above conditions. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rrg To 1.The Revenue Divisional Officer, Vanur Taluk, Villupuram District. 2.The Tahsildar, Vanur, Villupuram District. https://hcservices.ecourts.gov.in/hcservices/ 3.The Sub Inspector of Police, Kiliyanur Police Station, Villupuram District. + 1 CC To Mr.T.R.Rajaraman, Advocate SR NO.59230 + 1 CC to the Government Pleader SR NO. 59716 W.P.No.25502 of 2008 VM {CO} TP/30.10.08 https://hcservices.ecourts.gov.in/hcservices/