1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.473 of 2011 P.Mookaiah . . Petitioner Vs. 1.The District Collector, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Tahsildhar, Tenkasi,Tirunelveli District. 4.The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tirunelveli District. 5.The Assistant Geologist, Mines & Minerals, Tirunelveli. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to release his vehicle bearing Registration No.TN.76B- 0732 seized by the second respondent, dated 30.12.2010 to the petitioner. For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents: Mr.P.Thilakkumar Additional Government Pleader ORDER By consent, the writ petition itself is taken up for disposal. Heard the learned counsel for the petitioner and Mr.P.Thilakkumar, the learned Additional Government Pleader takes notice for the respondents. 2. The prayer in the writ petition is to direct the respondents to release the vehicle namely Tractor bearing Registration No.TN.76B-0732 to the petitioner. 3. Following the similar orders passed by my predecessors, this writ petition is also ordered directing the respondents to release the Tractor bearing Registration No.TN.76B-0732 to the petitioner, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/ 2 (i) The petitioner shall deposit a sum of Rs.15,000/- (Rupees fifteen thousand only), if the offence was committed for the first time; Rs.20,000/- (Rupees twenty thousand only), if the offence was committed for the second time and Rs.25,000/- (Rupees twenty five thousand only), if the offence was committed for the third time, in cash before the concerned 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 respondents as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed. (iv) On compliance of the above conditions, the respondents are directed to release the vehicle to the petitioner within two days. (v) The respondent is directed to pass final orders in the adjudication proceedings, within a period 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/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The District Collector, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi,Tirunelveli District. 4.The Inspector of Police, Kadayanallur Police Station,Kadayanallur, Tirunelveli District. 5.The Assistant Geologist, Mines & Minerals,Tirunelveli. +1cc to the Special Govt.Pleader, Sr.No. 2580 jikr ssk/03.02.2011 /7c -2p/- Order made in Writ Petition (MD).No.473 of 2011 https://hcservices.ecourts.gov.in/hcservices/