A. Majeed vs The District Revenue Officer

M. Jaichandren, J.—Mr. S. Gopinathan, the Additional Government Pleader, takes notice for the Respondent.

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the Respondent to release the Bullock cart seized by the

Inspector of Police, Pollachi West Police Station, Pollachi West, Coimbatore District, on 10.10.2010, to the Petitioner.

Heard Mr. C. Prakasam, the learned Counsel appearing on behalf of the Petitioner and Mr. S. Gopinathan, Additional Government Pleader,

appearing on behalf of the Respondent.

In view of the averments made on behalf of the Petitioner and taking into consideration the relief prayed for by the Petitioner, in the present Writ

Petition and as similar orders have been passed by this Court, the Respondent is directed to release the bullock cart, to the Petitioner, on his

fulfilling the following conditions:

(i) The Petitioner shall establish the ownership of the bullock cart, by producing the necessary evidence.

(ii) The Petitioner shall not alienate the bullock cart, in any manner, till the adjudication proceedings are completed;

(iii) The Petitioner shall deposit a sum of Rs. 5,000/-(Rupees Five thousand only) in cash, with the Respondent;

(iv) The Petitioner shall give an undertaking before the Respondent that he shall not use the bullock cart, for any illegal purpose, in future and that

he shall also produce the same, as and when it is required by the Respondent; and

(v) This order for the release of the bullock cart can be availed of by the Petitioner, if it is not in the custody of a criminal Court. If it is in the

custody of a criminal Court, it would be open to the Petitioner to approach the Magistrate concerned to get the bullock cart released, by filing an

appropriate application, in accordance with law.

With the above directions, the Writ Petition is disposed of. No costs.