Petitioner sought release of a lorry seized for unauthorized sand transport. Court directed release upon payment of Rs.25,000 security, production of ownership docs, and undertaking against illegal use.
Direction to release vehicle upon deposit of Rs.25,000 and submission of undertaking and documents.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
W.P.No. 28498 of 2015
K.Ramesh : Petitioner
-Vs-
1. The District Collector
*Villupuram District.
2. The Thasildar
Thirukoilur Taluk
*Villupuram District.
3. The Revenue Divisional Officer
*Thirukoilur Taluk,
*Villupuram District
4. The Sub-Inspector of Police
Thirunavalur Police Station
*Villupuram District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1, 2 and 4th respondents herein to forthwith release the Lorry bearing Regn. No. TN-20-AZ-5824 to the petitioner herein which was seized on 31.07.2015 by the fourth respondent herein.
*** For Petitioner : Mr.C.Deepa Nandhini For RR 1 to 4 : Mr.R.A.S.Senthilvel Additional Government Pleader
O R D E R
The grievance of the petitioner is that the Lorry seized by the third respondent, namely, the Revenue Divisional Officer, *Villupuram District, Thirukoilur Taluk, has not been returned.
a) the petitioner shall produce the relevant documents to show his ownership of the vehicle;
b) the petitioner shall not alienate or encumber the vehicle in any manner;
c) the petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future; and
e) the petitioner shall also produce the vehicle as and when required by the said authority.
-s/d-
Assistant Registrar
*Amended as per order of this Court dated 4/11/2015 in MP.No.1/2015 in WP.28498/15 -s/dAssistant Registrar(Ccc) dt:05/11/2015
True Copy
Sub-Assistant Registrar
To
1. The District Collector
*Villupuram District.
2. The Thasildar
Thirukoilur Taluk
*Villupuram District
3. The Revenue Divisional Officer
*Villupuram District
Thirukoilur Taluk
4. The Sub-Inspector of Police
Thirunavalur Police Station
*Villupuram District.
+1 cc to M/S.Deepa Nandhini vide sr. *60955
+1 cc to Government Pleader sr.55614
W.P.No. 28498 of 2015
aa12/10/2015
aa05/11/2015
2 issues framed by the court
Whether a seized lorry can be released pending proceedings subject to security deposit and undertaking.
The conditions under which the respondents should release the impugned vehicle.
1 provisions across 1 enactments
K.Ramesh
The District Collector, Villupuram District
The Thasildar, Thirukoilur Taluk
The Revenue Divisional Officer, Thirukoilur Taluk
The Sub-Inspector of Police, Thirunavalur
M.M.Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
