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Sasikumar.M v. the Dist.Revenue Officer

Madras HC13 Jul 2021WP(MD)/6289/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court directed the release of the petitioner's seized vehicle subject to a cash deposit, document surrender, and an undertaking to surrender the vehicle if confiscation is eventually ordered, with a strict deadline for completing confiscation proceedings.

What did the court decide?

Release of seized vehicle subject to deposit of Rs.5,000, surrender of documents, and undertaking to surrender vehicle if confiscation is ordered; final confiscation order to be passed within eight we

Sasikumar.M Vs the Dist.Revenue Officer — Constitutional and Fundamental Rights | Madras HC (2021)

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W.P.(MD).No.6289 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.07.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD).No.6289 of 2021

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M.Sasikumar ... Petitioner

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Vs.

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1.The District Revenue Officer, D.R.O.Office, District Collector's Office, Trichy-1, Trichy District.

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2.The Inspector of Police, CSCID Wing, Trichy, Trichy District. ... Respondents 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 viz., TATA ACE, bearing Registration Number TN-48-AS -9534, seized by the 2^nd respondent on 20.06.2020. For Petitioners : Mr.R.Sundar For Respondents : Mr.R.Suresh Kumar Government Advocate

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ORDER

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This writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to release the vehicle belonging to the petitioner.

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2.The case of the petitioner is that his vehicle was seized by the second respondent on 20.06.2020 and an FIR came to be registered in Crime No.96 of 2020 for the offences under Section 6(4) of the Scheduled Commodities (RDCS) Order, 1982 and Section 7 (1) (a) (ii) of Essential Commodities Act, 1955.

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3.The further case of the petitioner is that the vehicle has https://hcservices.ecourts.gov.in/hcservices/ not been released till date and it is being kept in the Police

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W.P.(MD).No.6289 of 2021

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Station exposed to rain and sun. The petitioner has also made a representation to the respondents seeking for the release of the vehicle and since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions.

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Heard Mr.R.Sundar, learned counsel for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate, for the respondents.

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5.The learned Government Advocate submitted that the vehicle is in possession of the second respondent and the second respondent is yet to refer the matter to the first respondent to initiate confiscation proceedings.

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6 .Taking into consideration the facts and circumstances of the case and the nature of allegations made against the petitioner, there shall be a direction to the respondents to release the vehicle to the petitioner subject to the following terms and conditions. a) The petitioner is directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only) before the first respondent.

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b) The petitioner shall surrender all the relevant documents before the first respondent and it shall be kept in the custody of the first respondent till the completion of the confiscation proceedings.

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c)The first respondent shall immediately proceed further with the confiscation proceedings by issuing notice to the petitioner and affording him an opportunity and final order shall be passed strictly within a period of eight weeks from the date of receipt of a copy of this order and

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d)The petitioner shall give an undertaking before the first respondent to the effect that the vehicle will be surrendered in case order of confiscation is ultimately passed by the first respondent.

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7.The petitioner is directed to make a fresh representation to the respondents along with the copy of this order.

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8.This writ petition is disposed of with the above directions. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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PJL

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

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W.P.(MD).No.6289 of 2021

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NOTE:

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Revenue Officer, D.R.O.Office, District Collector's Office, Trichy-1, Trichy District. 2.The Inspector of Police, CSCID Wing, Trichy, Trichy District. +1 CC to M/s.SPL GP ( SR-22530[F] dated 14/07/2021 ) W.P.(MD).No.6289 of 2021 13.07.2021 MGJ(26.07.2021) 3P 4C

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

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Sasikumar.M v. the Dist.Revenue Officer

Case brief

What is this about?

What did the court decide?

Sasikumar.M v. the Dist.Revenue Officer

Case brief

What is this about?

What did the court decide?

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