T. Gurrappayadav Vs The District Revenue Officer

Madras High Court 23 Dec 2010 Writ Petition No. 28801 of 2010 (2010) 12 MAD CK 0215
Bench: Single Bench

Judgement Snapshot

Case Number

Writ Petition No. 28801 of 2010

Hon'ble Bench

M. Jaichandren, J

Advocates

C. Prakasam, for the Appellant; S. Gopinathan, Addl. Govt. Pleader, for the Respondent

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

M. Jaichandren, J.@mdashMr. S. Gopinathan, the Additional Government Pleader, takes notice for the Respondent.

2. This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the Respondent to release the Lorry, bearing Registration No. AP-04-X-3456 seized by the Inspector of Police, Civil Supplies CID, Krishnagiri, Krishnagiri District, on 03.12.2010, to the Petitioner.

3. 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.

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 Respondent is directed to release the lorry bearing Registration No. AP-04-X-3456, 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 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 Respondent;

(iv) The Petitioner shall give an undertaking before the Respondent 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 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.

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

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