Allowed

D. Malayalam, v. the District Revenue

Madras HC9 Jul 2015WP(MD)/10264/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed under Article 226 seeking release of a seized lorry. The court directed the District Revenue Officer to return the vehicle to the petitioner subject to conditions regarding ownership proof, security deposit, and usage undertaking.

What did the court decide?

The vehicle was directed to be released to the petitioner on conditions including proof of ownership, a security deposit of Rs. 50,000, and an undertaking not to use the vehicle for illegal activities

D. Malayalam, Vs the District Revenue — Writ and Judicial Review | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.07.2015

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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W.P.(MD)No.10264 of 2015

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D.Malayalam ... Petitioner

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Vs.

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1.The District Revenue Officer, Trichy District, Trichy.

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2.The Inspector of Police, Civil Supplies Crime Investigation Department, Trichy. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to release the lorry bearing Registration No.TCK-5434 seized by the second respondent on 11.06.2015, to the petitioner.

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For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.Chandrasekar, Government Advocate

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O R D E R

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This writ petition is filed for a Writ of Mandamus directing the first respondent to release the lorry bearing Registration No.TCK-5434 seized by the second respondent on 11.06.2015, to the petitioner.

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2.In the affidavit filed in support of this writ petition, it is stated that the vehicle in question was seized by the second respondent on 11.06.2015 alleging that the vehicle was used to transport 100 bags of rice (each weighing 50 Kgs.), and the same was produced before the first respondent. The petitioner made a detailed representation to the first respondent in person on 15.06.2015 for release of vehicle. But no steps have been taken for the same. Hence the present writ petition.

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3.Heard the learned counsel on either side.

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4.Considering the facts and circumstances of the case and the submissions made on either side, I am of the opinion that if the seized vehicle is exposed to sun and rain, it would be losing its value. Also, appropriate orders are to be passed by the first respondent after giving due opportunity to the petitioner. Under such circumstances, I am inclined to direct the first respondent to release the vehicle in question to the petitioner, on the following conditions:

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a)The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question;

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b)The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty https://hcservices.ecourts.gov.in/hcservices/ Thousand Only) with the first respondent;

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c)The petitioner shall give an undertaking that he will not use the

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vehicle for any illegal activities in future and shall produce the same as and when required by the first respondent;

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d)On doing so, the vehicle in question shall be returned to the petitioner;

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e)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and f)The first respondent thereafter shall pass appropriate orders and take appropriate action with regard to the vehicle or proceed against the owner of the vehicle.

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5.The writ petition is disposed of accordingly. No costs.

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Sd/-

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The Assistant Registrar(AS)

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/True copy/

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1.The District Revenue Officer, Trichy District, Trichy.

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2.The Inspector of Police, Civil Supplies Crime Investigation Department, Trichy.

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+1cc to Mr.T.Leninkumar, Advocate SR.No.37912/15 +1cc to special Government Pleader SR.No.38060/15

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Sm:PSK:23.07.2015:2P/5C

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W.P.(MD)No.10264 of 2015 09.07.2015

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https://hcservices.ecourts.gov.in/hcservices/

D. Malayalam, v. the District Revenue

Case brief

What is this about?

What did the court decide?

D. Malayalam, v. the District Revenue

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

Case details

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