IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.6.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.10628 of 2011 1 A.M.THIRUPATHI [ PETITIONER ] Vs 1 THE DISTRICT COLLECTOR VELLORE DISTRICT VELLORE. 2 THE SUB-COLLECTOR THIRUPATHUR, VELLORE DISTRICT. 3 THE TAHSILDAR THIRUPATHUR, VELLORE DISTRICT. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 3rd respondent herein to release the petitioner's Tractor and Trailer bearing Registration Numbers TN-23 AT-9598 and TN-23 AT-9553 respectively pursuant to the order of the 2nd respondent vide his proceedings No.Moo.Mu.A3/948/11 dated 10.3.2011. For petitioner : Mr.A.R.Suresh For respondent : Mr.R.Rajeswaran Special Government Pleader O R D E R Mr.R.Rajeswaran, the Special Government Pleader, takes notice for the respondents. 2. This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to release the Tractor and Trailer, bearing Registration Numbers TN-23 AT-9598 and TN-23 AT-9553, seized by the second respondent, on 3.3.2011, to the petitioner. 3. In view of the averments made by the petitioner and taking into consideration the relief prayed for by the petitioner and since, https://hcservices.ecourts.gov.in/hcservices/ similar orders have been passed by this Court, the third respondent is directed to release the Tractor and Trailer, bearing Registration Numbers TN-23 AT-9598 and TN-23 AT-9553, to the petitioner, on his fulfilling the following conditions:- (i) The petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the third respondent, including the R.C. Book. (ii) The petitioner shall not alienate the vehicle, in any manner, till the adjudication proceedings are completed; (iii) Since, a sum of Rs.26,000/- had already been paid by the petitioner, with regard to the release of the vehicle in question, the said amount will be subject to the final orders to be passed in the adjudication proceedings. (iv) The petitioner shall give an undertaking before the third respondent that he shall not use the vehicle, for any illegal purpose, in future and that he shall also produce the vehicle, as and when it is required by the third respondent; and (v) This order for the release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of a criminal Court, it would be open to the petitioner to approach the Magistrate concerned to get the vehicle released by filing an appropriate application, in accordance with law. (vi) The Adjudication proceedings shall be completed by the concerned authority, within a period of two months from the date of receipt of a copy of this order. 4. With the above directions, the Writ Petition is disposed of. No costs. Connected M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar lan https://hcservices.ecourts.gov.in/hcservices/ To: 1 THE DISTRICT COLLECTOR VELLORE DISTRICT VELLORE. 2 THE SUB-COLLECTOR THIRUPATHUR, VELLORE DISTRICT. 3 THE TAHSILDAR THIRUPATHUR, VELLORE DISTRICT. +1cc to Mr.A.R.Suresh, Advocate Sr 36588 +1cc to Govt. Pleader Sr 37143 BVR(CO) km/27.6. Writ Petition No.10628 of 2011 https://hcservices.ecourts.gov.in/hcservices/