IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.146 of 2011 K.Mallika ... Petitioner Vs 1.The Revenue Divisional Officer, Tiruvallur, Tiruvallur District. 2.The Assistant Director of Mines, Tiruvallur, Tiruvallur District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to release the Tractor with Trailer bearing Registration No.TN-20-Y-2423 seized by the 2nd respondent on 24.12.2010 to the petitioner. For petitioner : Mr.C.Prakasam For respondents : Mr.S.Gopinathan Additional Government Pleader O R D E R Mr.S.Gopinathan, the Additional 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 first respondent to release the Tractor with Trailer bearing Registration No.TN-20-Y-2423, seized by the second respondent, on 24.12.2010, to the petitioner. 3. Heard Mr.C.Prakasam, the learned counsel appearing on behalf of the petitioner and Mr.S.Gopinathan, Additional Government Pleader, appearing on behalf of the respondents. 4. In view of the averments made by the petitioner and taking into consideration the relief prayed for by the petitioner and since, similar orders have been passed by this Court, the first respondent is directed to release the Tractor with Trailer, bearing Registration No.TN-20-Y-2423, to the petitioner, on his https://hcservices.ecourts.gov.in/hcservices/ fulfilling the following conditions:- (i) The petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the first respondent, including the R.C. Book. (ii) The petitioner shall not alienate the vehicle, in any manner, till the adjudication proceedings are completed; (iii) The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) in cash, with the first respondent; (iv) The petitioner shall give an undertaking before the first respondent that she shall not use the vehicle, for any illegal purpose, in future and that she shall also produce the vehicle, as and when it is required by the first 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 the 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. 4. With the above directions, the Writ Petition is disposed of. No costs. arr Sd/- Deputy Registrar //True Copy// Sub Asst. Registrar To 1.The Revenue Divisional Officer, Tiruvallur, Tiruvallur District. 2.The Assistant Director of Mines, Tiruvallur, Tiruvallur District. + 1 cc to Mr. C. Prakasam, Advocate SR No.2916 TEJ(CO) SR/12.1.2011 Writ Petition No.146 of 2011 https://hcservices.ecourts.gov.in/hcservices/