IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.10.2008 CORAM THE HON'BLE MR.JUSTICE S.RAJESWARAN W.P.No.25425 of 2008 M.Janaki .... Petitioner vs 1.The District Collector, Dharmapuri District, Dharmapuri Town. 2.The Assistant Director, Geology & Mining, Dharmapuri. 3.The Tahsildar, Palakodu, Dharmapuri District. 4.The Inspector of Police, Kariyamangalam Police Station, Dharmapuri District. .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to release the lorry bearing Registration No.TN-57-W-9394 sized on 17.10.2008 by the third respondent to the petitioner. For petitioner : M/s.M.Shreedhar Associates For respondents : Ms.Lita Srinivasan, Government Advocate O R D E R By consent of both sides, the writ petition itself is taken up for final disposal at the admission stage itself. 2. The petitioner seeks a Writ of Mandamus to direct the respondents to release the seized Lorry Registration No.TN-57-W-9394 seized on 17.10.2008 by the third respondent to the petitioner. 3. According to the petitioner, he is the owner of the lorry bearing Registration No.TN-57-W-9394 and the same is being used as common carrier. When the lorry was transporting waste block stone, the lorry was seized by the third respondent, for the alleged offence of transporting the block stones without permit. Therefore, the lorry has been seized and kept with the respondents till date. Hence, he has filed the above writ petition for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 4. Taking into consideration the relief sought for, the respondents are directed to release the lorry bearing registration No. TN-57-W-9394 to the petitioner, on fulfilling the following conditions: (i) The petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousands only), if the offence was committed for the first time; Rs.20,000/- (Rupees Twenty Thousands only), if the offence was committed for the second time; and Rs.25,000/-(Rupees Twenty Five Thousands only), if the offence was committed for the third time, in cash before the respondents. (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 ten days. (v) The respondents are directed to pass final orders in the adjudication proceedings, within a period of 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. 5.The writ petition is disposed of subject to the above conditions. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrarrrg rrg To 1.The District Collector, Dharmapuri District, Dharmapuri Town. https://hcservices.ecourts.gov.in/hcservices/ 2.The Assistant Director, Geology & Mining, Dharmapuri. 3.The Tahsildar, Palakodu, Dharmapuri District. 4.The Inspector of Police, Kariyamangalam Police Station, Dharmapuri District. +1 cc To M/s.M.Shreedhar Associates , Advocate, SR.59159 1 cc To The Government Pleader, SR.59253 W.P.No.25425 of 2008 vm [co] gkg/29.10 https://hcservices.ecourts.gov.in/hcservices/