High CourtsSingle Bench(2010) 12 MAD CK 0298

A. Thangavel vs The District Revenue Officer, The Inspector of Police, CSCID and The District Supply Officer

Madras High Court · Decided on 20 December 2010

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 27518 of 2010

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Judgment

9 paragraphs · 303 words

M. Jaichandren, J.—This writ petition has been filed praying for a Writ of Mandamus, directing the Respondents to release the vehicle bearing the Registration No. TN.29/AF-8176 TATA Auto Vehicle, to the Petitioner.

2.

Heard the learned Counsel appearing for the Petitioner and the learned Additional Government Pleader appearing for the Respondents.

3.

By consent of both the parties, the writ petition is taken up for final hearing and disposal.

4.

In view of the averments made by the Petitioner and taking into consideration the relief prayed for by the Petitioner and since, similar orders have been passed by this Court, the Respondents are directed to release the TATA Auto vehicle bearing Registration No. TN.29/AF-8176, to the Petitioner, on his fulfilling the following conditions:

(i) The Petitioner shall establish the ownership of the vehicle, by producing the necessary documents and the certificates, before the Respondents, including the R.C. Book.

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

(iii) The Petitioner shall deposit a sum of Rs. 15,000/-(Rupees fifteen thousand only) in cash, with the Respondents;

(iv) The Petitioner shall given an undertaking before the 3 Respondents that he shall not use the vehicle, for any illegal purpose, in future and that he shall also produce the vehicle, as and when it is required by the Respondents; and (v) This order for the release of the vehicle can be availed of by the Petitioner, if the vehicle is not in the custody of a criminal Court. If the vehicle is in the custody of a criminal Court, it would be open to the Petitioner to approach the Magistrate concerned to get the vehicle released by filing an appropriate application, in accordance with law.

5.

The writ petition is disposed of, with the above directions. No costs.