1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 6/6/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5679 of 2011 Balakrishnan ...Petitioner Vs 1. The Revenue Divisional Officer Collectorate Buildings, Nagercoil. 2. The Tahsildar, Election Flying Squad Agatheesswaram Constituency, Nagercoil Taluk 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 lorry bearing Registration No.TN30-AC-8641 forthwith to the petitioner. For Petitioner : Mr.L.Madhusudhanan For Respondents : Mr.T.S.Mohammed Mohideen, AGP O R D E R Mr.T.S.Mohammed Mohideen, Additional 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 Additional Government Pleader appearing for the respondents. 4. The petitioner has filed the present Writ Petition for a Mandamus, directing the respondents to release the lorry bearing Registration No.TN30-AC-8641 forthwith to the petitioner. 5. It is the case of the petitioner that on 5/4/2011, he took the lorry for transportation of sand. On his way to the village, the second respondent as a flying squad, seized the vehicle of the petitioner and handed over the same to the first respondent. Hence, he approached the respondents for the release of the vehicle. Since the 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.15,000/- (Rupees fifteen thousand only) with the second https://hcservices.ecourts.gov.in/hcservices/ 2 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, 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 SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR mvs. To 1. The Revenue Divisional Officer Collectorate Buildings, Nagercoil. 2. The Tahsildar, Election Flying Squad Agatheesswaram Constituency Nagercoil Taluk, Kanyakumari District. 1CC TO THE SPL. GOVT PLEADER SR: 17333: 1CC TO MR. L. MADHUSUDHANAN, ADVOCATE, SR: 17550: DM:2011::JUNE:10:: Order made in W.P.(MD)No.5679 of 2011 6/6/2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/