Allowed

Sivakumar v. the Revenue Divisional Officer

Madras HC5 Mar 2014WP(MD)/3534/2014

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought release of a seized tractor and trailer. The High Court directed the petitioner to deposit Rs.10,000, produce ownership documents, and execute an undertaking not to alienate the vehicle before the release.

What did the court decide?

Petitioner ordered to deposit Rs.10,000 and produce documents/undertaking; vehicle release accordingly.

Sivakumar Vs the Revenue Divisional… — Constitutional and Fundamental Rights | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2014

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABABU

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W.P.(MD)No.3534 of 2014 & M.P(MD)NO.1 of 2014

R.Sivakumar

: Petitioner

Vs.

1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District. : Respondents

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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 herein to release the LMV Tractor and LMV Trailer bearing Registration No.TN-55-AC-3852 seized by the second respondent on 16.02.2014 to the petitioner.

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For Petitioner : Mr.J.Anandkumar For Respondents : Mr.K.Mahesh Raja Government Advocate

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ORDER

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Heard the learned counsel appearing for the petitioner and Mr.K.Mahesh Raja, learned Government Advocate, who takes notice for the respondents.

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The petitioner has come up with the present Writ Petition for a Writ of Mandamus, directing the first respondent herein to release the LMV Tractor and LMV Trailer bearing Registration No.TN-55-AC-3852 seized by the second respondent on 16.02.2014 to the petitioner.

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3.It is represented by both sides that in similar matters this Court directed release of the vehicle on certain terms and conditions. They also placed an order made in W.P.(MD)No.20503 of 2013 , dated 06.01.2014, passed under similar circumstances.

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Considering the above facts and circumstances of the case, I am inclined to pass the following orders:

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https://hcservices.ecourts.gov.in/hcservices/ (i) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) with the first

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respondent, within a period of one week from the date of receipt of a copy of this order.

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(ii) On deposit of the said amount, the respondents are directed to release the vehicle on the following conditions:

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(a) The petitioner shall produce before the respondents the relevant documents to establish that he is the owner of the vehicle.

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(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.

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(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, within the said period, the amount deposited by him shall be returned to him; and

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(iv) The petitioner shall abide by the orders passed by the authority concerned or the respondents.

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The Writ Petition is disposed of accordingly. Consequently, the connected Miscellaneous petition is closed. No costs.

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Sd/-

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Assistant Registrar(C.O.,)

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/True Copy/

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Sub-Assistant Registrar

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1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

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+1cc to Mr.J.Anandkumar, Advocate, in SR. No.14159

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+1cc to Special Government Pleader, in SR No.14118.

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W.P.(MD)No.3534 of 2014 05.03.2014

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gsr

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msm 06.03.2014 p2/5c https://hcservices.ecourts.gov.in/hcservices/

Sivakumar v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Sivakumar v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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