Allowed

Durairaj, v. the Revenue Divisional Officer

Madras HC16 Oct 2018WP(MD)/21641/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court issued a writ of mandamus directing the Revenue Divisional Officer to return a seized tipper lorry to the petitioner within seven days, conditioned upon proof of ownership, a security deposit, an undertaking against illegal use, participation in the inquiry, and non-alienation of the vehicle.

What did the court decide?

Directed the first respondent to release the vehicle within seven days subject to conditions including deposit of Rs.25,000, production of documents, and participation in the enquiry.

Durairaj, Vs the Revenue Divisional Officer — Property and Title | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.10.2018

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CORAM

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THE HONOURABLE MR.JUSTICE S.S.SUNDAR

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W.P.(MD) No.21641 of 2018

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Durairaj .. Petitioner Vs. 1.The Revenue Divisional Officer, Pudukkottai District.

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2.The Tahsildar, Gandarvakottai Taluk, Pudukkottai District. ... Respondents

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PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to release the petitioner's vehicle Tipper lorry bearing registration number TN.45 BB 5968.

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For Petitioner : Mr.K.G.Arunkumar For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

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O R D E R

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The petitioner seeks for a writ of mandamus directing the respondents to release his vehicle Tipper lorry, bearing registration number TN.45 BB 5968, seized on 23.09.2018 by the second respondent.

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According to the petitioner, even though his driver had plied the aforesaid vehicle with all relevant documents, the second respondent has seized the vehicle.

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On the other hand, it is submitted by the learned Government Advocate appearing for the respondents that the vehicle was seized as the same was plied without valid papers, including registration certificate books and transport permit for transporting sand.

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In any event, as the vehicle is under the custody of the respondents having been seized on 23.09.2018 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 respondents, this Court is of the view that the vehicle can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicle.

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https://hcservices.ecourts.gov.in/hcservices/ 5. Accordingly, the first respondent is directed to release the vehicle in question to the petitioner within a period of seven days

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from the date of receipt of a copy of this order subject to the following conditions:

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“(i) The petitioner shall produce documents before the first respondent under whose custody the vehicle is kept, to establish the ownership of the vehicle in question;

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(ii) The petitioner shall deposit a sum of Rs.25,000/(Rupees twenty five thousand only) before the first respondent herein;

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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 respondents;

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

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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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(vi)The concerned Revenue Divisional Officer is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order; and

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(vii)The petitioner is also directed to participate in the enquiry to be conducted by the concerned Revenue Divisional Officer.”

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The writ petition is ordered accordingly. No costs.

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Sd/

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Assistant Registrar /True copy/

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Sub Assistant Registrar(CS-IV)

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To:

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1.The Revenue Divisional Officer, Pudukkottai District.

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2.The Tahsildar, Gandarvakottai Taluk, Pudukkottai District. +1cc to Mr.K.G.ARUN KUMAR, Advocate, SR.No.90959 +1cc to M/s.Special Government Pleader,SR.No. 90972

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W.P.(MD) No.21641 of 2018 16.10.2018

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AKV/TM

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KK/RP/SAR-4/23.10.2018/2P-5C

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

Durairaj, v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Durairaj, v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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