IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21-12-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.28455 & 28456 of 2010 Venugopala Rao Varudu .. Petitioner (in W.P.No.28455 of 2010) Kakala Veera Venkata Nageshwara Rao .. Petitioner (in W.P.No.28456 of 2010) Versus The District Revenue Officer, Erode, Erode District. .. Respondent (in both W.Ps.) Prayer in both W.Ps.: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to release the Lorries bearing Registration Nos.AP-16- TT-5699 & AP-16-TW-7859 respectively seized by the Inspector of Police, Civil Supplies CID, Erode, Erode District, on 09.12.2010, to the petitioners. For Petitioners : Mr.C.Prakasam (in both W.Ps.) For Respondent : Mr.S.Gopinathan (in both W.Ps.) Additional Government Pleader C O M M O N O R D E R These writ petitions have been filed praying for a Writ of Mandamus, directing the respondent to release the lorries bearing Registration Nos.AP-16-TT-5699 & AP-16-TW-7859 respectively, seized by the Inspector of Police, Civil Supplies, CID, Erode, Erode District, on 09.12.2010. 2. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 3. By consent of both the parties, the writ petitions are taken up for final hearing and disposal. 4. In view of the averments made by the petitioners and taking into consideration the relief prayed for by the petitioners and since, similar orders have been passed by this Court, the respondent is directed to release the lorries bearing Registration Nos.AP-16-TT- 5699 & AP-16-TW-7859, within a period of four weeks from the date of receipt of a copy of this order, to the petitioners, respectively, on their fulfilling the following conditions:- (i) Each petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the respondent, including the R.C.Book; (ii) Both the petitioners shall not alienate their vehicles, in any manner, till the adjudication proceedings are completed; (iii) Each petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) in cash, with the respondent; (iv) The petitioners shall give an undertaking before the respondent that they shall not use their vehicles, for any illegal purpose, in future and that they shall also produce their vehicles, as and when they are required by the respondent; and (v) This order for the release of the vehicles can be availed of by the petitioners, if the vehicles are not in the custody of a criminal Court. If the vehicles are in the custody of a criminal Court, it would be open to the petitioners to approach the Magistrate concerned to get the vehicles released by filing an appropriate application, in accordance with law. 5. The writ petitions are disposed of, with the above directions. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar smn https://hcservices.ecourts.gov.in/hcservices/ To The District Revenue Officer, Erode, Erode District. 2 ccs To Mr.C.Prakasam, Advocate, SR.91429, 91430 1 cc To The Government Pleader, SR.91307 Common Order in Writ Petition Nos.28455 & 28456 of 2010 PUR (CO) RH (23.12.10) https://hcservices.ecourts.gov.in/hcservices/