Petitioner sought direction for release of seized vehicle. Court allowed temporary release upon deposit of Rs.25,000 and document verification, reserving jurisdiction for revenue authority. Petitioner held to refrain from alienation during pendency.
Direction to deposit Rs.25,000 and produce documents for release of seized vehicle temporarily.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.NO.19687 OF 2021
Venkatesan .. Petitioner
Versus
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 27.07.2021 in releasing the vehicle Piaggio Auto bearing Registration No. TN-23-CB-7484, Chassis No. MBX0000ZFTL 181186, Engine No. S5K8492149 seized by the second respondent on 04.02.2021 to the petitioner.
For Petitioner : Mr. M. Sathish Kumar For Respondents : Mr. Stalin Abhimanyu Government Counsel
O R D E R
The present writ petition has been filed seeking a direction to the first respondent to release the vehicle viz., Piaggio Auto bearing Registration No. TN-23-CB-7484, Chassis No. MBX0000ZFTL 181186, Engine No. S5K8492149 seized by the second respondent to the petitioner.
(a) The petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five thousand only) before the first respondent within a period of two weeks from the date of receipt of a copy of this order.
(b) The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the authority.
(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle forthwith.
(d) The petitioner shall not use the said vehicle for any unlawful purpose and also shall not alienate the same during the pendency of the proceedings.
(e) It is open to the respondent to initiate proceedings in accordance with law and pass appropriate orders on merits, within a period of three months from the date of receipt of a copy of this order.
(f) If no such order is passed within the time stipulated therein, the amount so paid by the petitioner shall be refunded to the petitioner.
(g) This order for release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of criminal Court. If the vehicle is in the custody of the criminal Court, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law.
Sd/Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
dhk
To
W.P. No. 19687 of 2021
PL(CO)
PM/12/10/2021
1 issue framed by the court
Whether the Court can direct the release of a seized vehicle used in alleged illegal transport pending merit proceedings?
1 provisions across 1 enactments
Venkatesan
District Revenue Officer
Special Thahsildhar Flying Squad
Inspector of Police
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
