Allowed

Basheer v. the District Revenue Officer

Madras HC6 Jan 2017WP(MD)/101/2017

Case brief

AI extract

What is this about?

The Madras High Court issued a Writ of Mandamus directing the District Revenue Officer to release the petitioner's seized lorry. The release was conditioned on producing ownership documents, depositing Rs. 25,000, and providing an undertaking against illegal use pending proceedings.

What did the court decide?

Release of the seized lorry subject to production of ownership documents, deposit of Rs. 25,000, and an undertaking against illegal use and alienation pending proceedings.

Basheer Vs the District Revenue Officer — Constitutional and Fundamental Rights | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.01.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.101 of 2017

Basheer

... Petitioner

Vs.

The District Revenue Officer, Nagercoil,

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Kanyakumari District.

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The Special Tahsildar, Flying Squad, Nagercoil, Kanyakumari District. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to release the Lorry bearing Reg.No.KL-02-H-6978 seized by the second respondent, on 19.12.2016, to the petitioner.

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For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Govt. Pleader

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The petitioner seeks for a writ of Mandamus directing the first respondent to release his Lorry bearing Reg.No.KL-02-H-6978, seized by the second respondent, on 19.12.2016.

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According to the petitioner, even though the petitioner has plied the said vehicle with all relevant documents, the second respondent seized the same.

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On the other hand, it is submitted by the learned Additional Government Pleader appearing for the respondents that the vehicle was seized for illegal transportation of the essential commodities.

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In any event, as the vehicle is under the custody of the 1^st respondent having been seized on 19.12.2016 and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the 1^st respondent, this Court is of the view that the vehicle can be released by imposing conditions on the petitioner for release of the said vehicle.

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

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Accordingly, the 1^st respondent is directed to release the

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vehicle in question to the petitioner within a period of 7 days subject to the following conditions:

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“(i)The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question; (ii)The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) with the 1^st respondent;

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(iii)The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the 1^st respondent;

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(iv)On doing so, the vehicle in question shall be returned to the petitioner; and

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(v)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.”

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This Writ petition is ordered accordingly. No costs.

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Sd/-

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Assistant Registrar(AE)

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/True Copy/

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Sub Assistant Registrar To

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The District Revenue Officer, Nagercoil,

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Kanyakumari District.

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The Special Tahsildar, Flying Squad, Nagercoil, Kanyakumari District.

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+1 cc to Mr. T.LENIN KUMAR, Advocate, Sr.No:1163

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+1cc to M/S Special Government Pleader, Sr No.1358

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akv

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MAS/PM-JN:30.01.2017:2P/5C

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W.P.(MD)No.101 of 2017 06.01.2017

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

Basheer v. the District Revenue Officer

Case brief

What is this about?

What did the court decide?

Basheer v. the District Revenue 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

Case details

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