1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.1128 of 2011 Nehruji Central Higher Secondary School, Represented by its Correspondent, P.M.Ramasamy Chettiar, Melur-Sivagangai Road, Idayamelur, Sivagangai – 630 562. ... Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Superintendent of Police, Sivagangai District, Sivagangai. 3.The Deputy Superintendent of Police, Collectorate, Marudhupandiyar Nagar, Sivagangai. 4.The Inspector of Police, Taluk Police Station, Sivagangai. 5.The Authorised Signatory, Magna Fincorp Limited, Chettiar Hall, 1 Floor, Old No.74, New No.165, TTK Road, Alwarpet, Chennai-18. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to register a case on the basis of complaint dated 21.01.2011 and 24.01.2011 lodged with the 1st respondent by the Principal of Nehruji Central Higher Secondary School, Idayamelur, Sivagangai District and to investigate the same by a competent police officer in accordance with law and award compensation and other ancillary reliefs. For Petitioner : Mr.M.Sathiamoorthy For Respondents 1-4 : Mr.K.Balasubramanian, Additional Government Pleader. For 5th Respondent : Mr.T.Srinivasaraghavan https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner who is a borrower has borrowed money for the purchase of Mahindra Tourister is aggrieved that for non payment of instalments, the fifth respondent has illegally seized the vehicle which is not in accordance with law. According to him, the seizure is without jurisdiction and hence, the vehicle is liable to be returned and further he also wanted to register a case against the fifth respondent for the illegal detention of the vehicle. 2.Learned counsel for the fifth respondent has filed counter affidavit contending that the petitioner was due in payment of instalments right from August 2010. Since the respondent was aggrieved over the calculation made by the fifth respondent is due from August 2010 to till March 2011 for a period of eight months at the rate of Rs.13,340/- and Rs.340/- per month is the instalment due that is why they have seized the vehicle and they are prepared to release the vehicle, if the amount is paid. 3.Heard the submissions made by the learned counsel on either side. 4.Without going into the merits of the case and without prejudice to the contentions raised by both the parties and that the fifth respondent agrees to return the vehicle, the petitioner is directed to deposit the 50% of the amount claimed i.e., Rs.53,330/-, within a period of one week from the date of receipt of a copy of this order and on such deposit, the fifth respondent is directed to release the vehicle immediately. As far as the future payment is concerned, they will have to settle them in accordance with law. 5.With the above direction, the writ petition is disposed of. No costs. sms Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Superintendent of Police, Sivagangai District, Sivagangai. 3.The Deputy Superintendent of Police, Collectorate, Marudhupandiyar Nagar, Sivagangai. 4.The Inspector of Police, Taluk Police Station, Sivagangai. +1 cc to Mr.T.Srinivasaraghavan, Advocate sR.No.14753. +1 cc to Mr.M.Sathiamoorthy, Advocate Sr.No.14767. +1 cc to Special Government Pleader, SR.No.15115. Writ Petition (MD)No.1128 of 2011 Dated:25.04.2011 2P/8C RPB 27.04.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/