1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5917 of 2011 S.Krishnan : Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli. : 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 first respondent to release the Tractor bearing Registration No.TN-72-D-4052 with a trailer bearing the same Registration Number seized by the third respondent through seizure memo dated 17.05.2011 to the petitioner. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.Chandrasekar Government Advocate ORDER Mr.Chandrasekar, learned Government Advocate, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to release the Tractor bearing Registration No.TN-72-D-4052 with a trailer bearing the same Registration Number seized by the third respondent through seizure memo dated 17.05.2011 to the petitioner. 4. It is the case of the petitioner that he is the owner of the vehicle in question and on 17.05.2011 the vehicle stood in the name of one Mr.Karuppasamy. He had applied for transfer of ownership from one Karuppasamy, who was the erstwhile owner of the said vehicle and presently, the vehicle stands in his name. The petitioner was using the vehicle for his own agricultural purpose and for hire. One Dharmaraj has got permission from the Government to quarry clay soil from his patta land. On 16.05.2011 the said vehicle was hired by one Dharmaraj to transport one unit of clay soil from the patta land owned by him at https://hcservices.ecourts.gov.in/hcservices/ 2 Melapalayam, Tirunelveli District to his Brick Kiln situated at S.F.No.14/2, Karupandhurai, Tirunelveli District. While transporting the same, the third respondent seized the vehicle. The petitioner, therefore, sent a representation to the first and second respondents on 26.05.2011 requesting for release of the vehicle. Since the vehicle has not 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.10,000/- (Rupees ten thousand only) with the third 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 third respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the third 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; 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. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli. +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.17823 +1CC TO M/S.P.SAMUEL GUNASINGH, ADVOCATE SR.17546 Sml SR : 16.06.2011 : 2p/6c Order made in W.P.(MD)No.5917 of 2011 Dated:- 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/