The High Court directed the release of a seized Tempo vehicle to the petitioner within seven days, subject to conditions regarding ownership proof, security deposit, and participation in ongoing enquiry.
Vehicle released within 7 days; Rs. 10,000 deposit; undertaking against illegal use; enquiry completion in 4 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018
CORAM THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8298 of 2018
A.Mahesh ... Petitioner
vs.
1.The Revenue Divisional Officer, Padmanabhapuram, at Kalkulam, Kanyakumari District.
2.The Sub-Inspector of Police, Thuckalay Police Station, Kanyakumari District. ... Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the 1st respondent to release petitioner Tempo bearing Registration No.TN-75-Y-1614 seized on 05.04.2018 by the 2nd respondent by considering the representation dated 06.04.2018.
For Petitioner : Mr.H.Velavadhas For Respondents : Mr.S.Nagarajan Special Government Pleader
O R D E R
The petitioner seeks for a writ of mandamus, directing the respondents to release the petitioner's Tempo bearing Registration No. TN-75-Y-1614 seized on 05.04.2018 by the second respondent.
2.According to the petitioner, the vehicle, which was used in a private place by his Driver was seized by the second respondent..
3.On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicle was seized as the same was plied without valid permission.
4.In any event, as the vehicle is under the custody of the respondents having been seized on 05.04.2018 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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Sd/ Assistant Registrar(CO)
/True copy/
Sub Assistant Registrar
To:
27.04.2018
KK/SV MMS/10.05.2018/SAR-1/2P-4C
2 issues framed by the court
Whether the seized Tempo vehicle can be released pending proceedings on conditions.
What conditions should be imposed for the release of the seized vehicle.
2 provisions across 2 enactments
A. Mahesh
The Revenue Divisional Officer, Padmanabhapuram
The Sub-Inspector of Police, Thuckalay Police Station
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
