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Judgment
M. Jaichandren, J.—S. Gopinathan, the Additional Government Pleader, takes notice for the Respondents.
2 .This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first Respondent to release the Tractor with Trailer
bearing RegistrationNo.TN-20-Y-2423, seized by the second Respondent, on24.12.2010, 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 Respondents.
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 first Respondent is directed to release the Tractor with Trailer, bearing Registration No. TN-20-Y-2423,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 first
Respondent, 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. 30,000/-(Rupees Thirty thousand only) in cash, with the first Respondent;
(iv) The Petitioner shall give an undertaking before the first Respondent that she shall not use the vehicle, for any illegal purpose, in future and that
she shall also produce the vehicle, as and when it is required by the first Respondent; 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 the criminal Court. If the vehicle is in the custody of the 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.
With the above directions, the Writ Petition is disposed of. No costs.