IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.10.2008 CORAM THE HON'BLE MR.JUSTICE S.RAJESWARAN W.P.No.25449 of 2008 M.Varma .... Petitioner vs 1.The Sub Collector, Thiruvallur, Thiruvallur District .... Respondent Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent to release the seized Lorry bearing Registration No.TN-07-F-7443 sized on 18.10.2008 by the respondent to the petitioner. For petitioner : Mr.E.Martin Jayakumar For respondent : Ms.Lita Srinivasan, Government Advocate O R D E R By consent of both sides, the writ petition itself is taken up for final disposal even at the admission stage. 2. The petitioner seeks a Writ of Mandamus to direct the respondent to release the seized Lorry bearing Registration No.TN-07-F- 7443 sized on 18.10.2008 by the respondent to the petitioner. 3. According to the petitioner, he is the owner of the lorry bearing Registration No.TN-07-F-7443 and the same is being used as common carrier. When the lorry was transporting quarry lease sand, the Lorry was seized by the respondent department and it is in the custody of the respondent. Hence, he has filed the above writ petition for the aforesaid relief. 4. Taking into consideration the relief sought for, the respondent is directed to release the lorry bearing registration No. TN-07-F-7443 to the petitioner, on fulfilling the following conditions: (i) The petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousands only), if the offence was committed for the first time; Rs.20,000/- (Rupees Twenty Thousands only), if the offence was committed for the second time; and Rs.25,000/-(Rupees Twenty Five Thousands only), if the offence was committed for the third time, in cash before the respondent. (ii) The petitioner shall produce the documents relating to the ownership of the vehicle. (iii) The petitioner shall file an undertaking that he will produce the vehicle in question before the respondent as and when called for and that he will not alienate the vehicle in question till the proceedings https://hcservices.ecourts.gov.in/hcservices/ initiated are completed. (iv) On compliance of the above conditions, the respondent is directed to release the vehicle to the petitioner within ten days. (v) The respondent is directed to pass final orders in the adjudication proceedings, within a period of two months. (vi) This order for release of the vehicle can be availed of by the petitioner, if no criminal case is pending against the alleged delinquency. If any criminal case is pending, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law. 4.The writ petition is disposed of subject to the above conditions. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rrg To The Sub Collector, Thiruvallur, Thiruvallur District cc to Mr.E.Martin JeyaKumar, Counsel for the Petitioner (SR.No.59104) cc to Government Pleader, High Court, Madras SR.No.59252 W.P.No.25449 of 2008 RR(co) em/29.10.08 https://hcservices.ecourts.gov.in/hcservices/