1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/4/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4827 of 2011 M. Murugan ... Petitioner Vs. 1. The District Collector Sivagangai District. 2. The Revenue Divisional Officer 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 second respondent to release the vehicle lorry bearing Registration No.TN22-D-4167 to the petitioner. For Petitioner : Mr.K.Prabhu For Respondents : Mr.V.Rajasekaran Spl.G.P. ORDER Mr.V.Rajasekaran, Special Government Pleader takes notice on behalf of the respondents. 2. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 4. The petitioner has filed the present Writ Petition for a Mandamus, directing the second respondent to release the lorry bearing Registration No.TN22-D-4167 to the petitioner. 5. It is the case of the petitioner that on 20/4/2011, he took the lorry for transporting the sand from Thiruchenapoondi to Madurai. On his way to the village, the said lorry got break down and the vehicle was made ready thereafter. At 10.00 a.m., the second respondent has seized the vehicle and handed over the same to Mathagupatti Police Station. The petitioner, therefore, sent a representation to the second respondent on 21/4/2011, requesting to release the vehicle. However, the vehicle has not been released by the second respondent. Therefore, the petitioner has approached this Court by filing the present Writ Petition. 6. 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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. 7. The Writ Petition stands ordered accordingly. No costs Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District. 2.The Revenue Divisional Officer,Sivagangai District. +1cc to Mr.K.Prabhu, Advocate SR.No.15354 +1cc to The Special Govt.Pleader SR.No.15767 W.P.(MD)No.4827 of 2011 27/4/2011 mvs PA/29.04.2011/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/