1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.06.2011 CORAM: THE HONOUABLE MR.JUSTICE K.VENKATARAMAN Writ Petition(MD)No.6537 of 2011 & MP(MD)No.1 of 2011 S.Wilson S/o.Soosai Marial 3/105, Christupuram, Manalikkarai & Post, Kanyakumari District. :Petitioner -Vs- 1.The District Collector, Nagercoil, Kanyakumari District. 2.The Revenue Divisional Officer, Padmanabapuram, Thackalay Post, Kanyakumari District. 3.The Tahilsdar, Kalkulam Taluk, Thackalay Post, Kanyakumari District. 4.The Inspector of Police, Thackalay Police Station, Kanyakumari District. :Respondents Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to release the vehicle of the petitioner bearing Regn.No.TN59 AC0131 Mahindra Loading Pride which was seized on 31.05.2011 by the respondents and now in the custody of the respondents 2 and 4. For Petitioner : Mr.A.Rajkumar Sen For Respondents: Mr.B.Pugalendhi Special Government Pleader ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2.By consent, the Writ Petition itself is taken up for final hearing. 3.The petitioner has filed the present Writ Petition for a Mandamus, directing the respondents to release the vehicle of the petitioner bearing Regn.TN 59 AC0131 Mahindra Loading Pride which was seized on 31.05.2011 by the respondents. 4.It is the case of the petitioner that he is the owner of the vehicle in question. His vehicle was seized on 31.05.2011 by the respondents 2 and 3. The petitioner, therefore, submitted a telegram representation to the respondents on 14.06.2011, requesting for release of the vehicle. Since the vehicle has not https://hcservices.ecourts.gov.in/hcservices/ 2 been released so far, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5.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 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. If no action is taken against the petitioner, within the said period, the amount deposited by him shall be returned to him; and (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. 6.The Writ Petition stands ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Nagercoil, Kanyakumari District. 2.The Revenue Divisional Officer, Padmanabapuram, Thackalay Post, Kanyakumari District. 3.The Tahilsdar, Kalkulam Taluk, Thackalay Post, Kanyakumari District. 4.The Inspector of Police, Thackalay Police Station, Kanyakumari District. +1CC to Mr.A.Rajkumar Sen, Advocate. SR.No.19828. +1CC to The Special Government Pleader. SR.No.19691. Jikr Order made in WP(MD)No.6537 of 2011 & RP/01.07.2011/2P/7C. M.P.(MD).No.1 of 2011,22.06.2011. https://hcservices.ecourts.gov.in/hcservices/