1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/6/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.6364 of 2011 C. Stalin ...Petitioner Vs 1. The District Collector Nagercoil Kanyakumari District. 2. The Revenue Divisional Officer Padmanabapuram Thackalay Post Kanyakumari District. 3. The Tahsildar Kalkulam Taluk Thackalay Post Kanyakumari District. 4. The Inspector of Police Thackalay Police Station Kanyakumari 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 to release the vehicle of the petitioner bearing Registration No.TN75B-1006 Mahindra Tipper seized on 31/5/2011 by the respondents in the custody of the respondents 2 and 4. For Petitioner : Mr.A.Rajkumar Sen For Respondents : Mr.B.Pugalendhi, Spl.G.P O R D E R Mr.B.Pugalendhi, 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 respondents to release the vehicle of the petitioner bearing Registration No.TN75B-1006 Mahindra Tipper seized on 31/5/2011 by the respondents in the custody of the respondents 2 and 4. 5. It is the case of the petitioner that on 31/5/2011 at about 6.30 a.m., on his way to Surulody, the above said empty vehicle was intercepted and seized by the second and third respondents without any reason and handed over the same to the respondents 2 to 4. Hence, he approached the first respondent on 14/6/2011 for the release of the vehicle. Since the https://hcservices.ecourts.gov.in/hcservices/ 2 vehicle has not been released so far, the petitioner has approached this Court by way of 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.10,000/- (Rupees ten thousand only) with the third 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 third respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the third 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; If no action is taken against the petitioner, the amount deposited by him shall be returned to him. (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 (P & A) /True copy/ Sub Assistant Registrar(C.S) To 1. The District Collector, Nagercoil, Kanyakumari District. 2. The Revenue Divisional Officer, Padmanabapuram, Thackalay Post Kanyakumari District. 3. The Tahsildar, Kalkulam Taluk, Thackalay Post, Kanyakumari District. 4. The Inspector of Police, Thackalay Police Station, Kanyakumari District. +1. CC to Mr.A.Rajkumarsen, Advocate, SR.No. 19100 mvs Order made in W.P.(MD)No.6364 of 2011 20/6/2011 TR : 01.07.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/