1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN WP(MD)No.3484 of 2011 KR.Parameswaran :Petitioner -Vs- 1.The Revenue Divisional Officer, Devakottai, Sivagangai District. 2.The Tahsildhar, Devakottai, Sivagangai District. : 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 respondents herein to release the vehicle, a tractor and trailor bearing Registration No.TN-63-V- 7710, belonging to the petitioner forthwith. For Petitioner : Mr.VR.Shanmuganathan For Respondents: Mr.P.Thilak Kumar Additional Government Pleader ORDER Mr.P.Thilak Kumar, learned Additional Government Pleader, 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 Additional Government Pleader appearing for the respondents. 3.The petitioner has filed the present Writ Petition for a Mandamus, directing the respondents herein to release the vehicle, a tractor and trailor bearing Registration No.TN-63-V- 7710, belonging to him forthwith. 4.It is the case of the petitioner that on 16.03.2011 he took the tractor to his nearby village for carrying woods to his Village for personal purpose. On his way to the village, the tires of the said tractor got punctured. So, he left the place leaving the vehicle and his men. When he returned back, he was surprised that his vehicle was found missing. On enquiry, he came to know that the second respondent has taken the vehicle to his office. Immediately, he has approached the second respondent. The second respondent orally required him to deposit a sum of Rs.25,000/- to take the vehicle. He did not assign any https://hcservices.ecourts.gov.in/hcservices/ 2 reason. The petitioner, therefore, sent a representation to the District Collector, Sivaganga on 17.03.2011, requesting to release the vehicle. However, the vehicle has not been released either by the District Collector or by the respondents. Therefore, the petitioner has approached this Court by filing the present Writ Petition. 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.15,000/- (Rupees fifteen thousand only) with the second 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 second respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the second respondent the relevant documents to establish that he is the owner of the vehicle. (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicle for a period of three months or till the completion of the proceedings, if any, initiated against him. (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; (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/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Revenue Divisional Officer,Devakottai,Sivagangai District. 2.The Tahsildhar, Devakottai, Sivagangai District. +1CC TO THE SPECIAL GOVERNMENT PLEADER. SR.NO.8241. SML Order made in WP(MD)No.3484 of 2011 RP/30.03.2011/2P/4C. Dated:24.03.2011 https://hcservices.ecourts.gov.in/hcservices/