IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2776 of 2011 and M.P.No.1 of 2011 1 G.SIVAPERUMAL [PETITIONER] Vs 1 THE REVENUE DIVISIONAL OFFICER, KANCHEEPURAM, KANCHEEPURAM DISTRICT. 2 THE INSPECTOR OF POLICE, SALAVAKKAM POLICE STATION, KANCHEEPURAM DISTRICT. 3 THE ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT, ATHUR, KANCHEEPURAM 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 Lorry bearing Registration No.TN-21-X-4419 seized on 28.01.2011 by the 2nd respondent to the petitioner. For petitioner : Mr.E.Martin Jeyakumar For respondents : Mr.R.Thirugnanam Special Government Pleader O R D E R Mr.R.Thirugnanam, the Special 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 Lorry bearing Registration No.TN-21-X-4419 seized, on 28.01.2011, by the 2nd respondent, to the petitioner. 3. Heard Mr.E.Martin Jeyakumar, the learned counsel appearing on behalf of the petitioner and Mr.R.Thirugnanam, Special Government Pleader, appearing on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/ 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 lorry bearing Registration No.TN-21-X-4419, to the petitioner, on his 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, which will be subject to the final orders to be passed in the adjudication proceedings. (iv) The petitioner shall give an undertaking before the first respondent that he shall not use the vehicle, for any illegal purpose, in future and that he 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 a 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. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. arr https://hcservices.ecourts.gov.in/hcservices/ To 1 THE REVENUE DIVISIONAL OFFICER, KANCHEEPURAM, KANCHEEPURAM DISTRICT. 2 THE INSPECTOR OF POLICE, SALAVAKKAM POLICE STATION, KANCHEEPURAM DISTRICT. 3 THE ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT, ATHUR, KANCHEEPURAM DISTRICT. 1 cc to Mr.D.S. Rajasekaran, Advocate, Sr. 9860 Writ Petition No.2776 of 2011 and M.P.No.1 of 201 RSY (CO) kk 10/2 https://hcservices.ecourts.gov.in/hcservices/