Disposed

Sasikumar v. The District Revenue Officer

Madras HC20 Sept 2021WP/19856/2021

Case brief

AI extract

What is this about?

Writ petition for release of a seized vehicle held for alleged illegal rice transport. Court ordered release contingent on security deposit and ownership verification, deferring merits to adjudicating authority.

What did the court decide?

Release of seized Chevrolet Tavera upon deposit of Rs.25,000 and verification of ownership; refund of deposit if no order passed within three months.

Sasikumar Vs The District Revenue Officer — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.09.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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W.P.No.19856 of 2021

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Sasikumar ...Petitioner

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The District Revenue Officer, Thirupathur - 635 602 Vellore District (Presently Thirupathur District)

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The Tahsildar, Vaniyambadi - 635 751 Vellore District (Presently Thirupathur District) 3. The Inspector of Police, CSCID-Vellore Police Station, Vellore District (Crime No.06 of 2020) ...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 respondents to release the Chevrolet Tavera Car bearing Registration No.TN 11 B 3659 to petitioner which was seized by the 3rd respondent on 09.01.2020 pursuant to the representation dated 07.05.2021.

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O R D E R

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The present writ petition has been filed seeking a direction to the respondents to release the vehicle viz., Chevrolet Tavera Car bearing Registration No.TN 11 B 3659 seized by the third respondent to the petitioner.

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

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Heard learned counsel for the petitioner and learned Government Advocate for the respondents.

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It is seen from the records that the subject vehicle was seized by the third respondent on 09.01.2020 on the allegation that the said vehicle was indulged in transporting rice illegally. Therefore, this Court, at this stage, is not expressing any view on the contentions made by the petitioner against the allegations made, as it is for the Adjudicating Authority to consider and decide. However, considering the fact that the vehicle was seized as early as on 09.01.2020 and the same is kept idle thereby exposing it to sun and rain, which undoubtedly would diminish its value, this Court is of the view that the following order will protect the interest of both parties:

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(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.

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(b) The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the authority.

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(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.

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(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.

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(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.

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(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.

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(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.

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

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This Writ Petition is disposed of with the above direction. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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The District Revenue Officer, Thirupathur - 635 602 Vellore District (Presently Thirupathur District)

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The Tahsildar, Vaniyambadi - 635 751 Vellore District (Presently Thirupathur District) 3. The Inspector of Police, CSCID-Vellore Police Station, Vellore District (Crime No.06 of 2020) +1cc to Mr.C.Anbu, Advocate, S.R.No.47921 +1cc to the Government Pleader, S.R.No.48554 W.P.No.19856 of 2021

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PMK(CO) RGA(11/10/2021)

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

Sasikumar v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

Sasikumar v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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