V. Murugeswari Vs. The Additional District Magistrate cum District Revenue Officer, Theni District and Another

V. Murugeswari vs The Additional District Magistrate cum District Revenue Officer, Theni District and Another

Type Court Judgment Court Chennai Madurai Decided Nov 23, 2015

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https://sooperkanoon.com/case/1179578

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Citation: sooperkanoon.com/1179578
Court: Chennai Madurai High Court
Judge: K. Ravichandrabaabu
Decided On: Nov 23, 2015
Case Number: W.P(MD).No. 18978 of 2015
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

V. Murugeswari

Respondent

The Additional District Magistrate cum District Revenue Officer, Theni District and Another

Excerpt

.....also, the same issue was considered in w.p.(md).no.7614 of 2014 dated 29.04.2014 and vehicle therein was released with certain conditions. 5. the learned additional government pleader has not refuted the said submissions of the learned counsel appearing for the petitioner. however, he prayed this court that stringent conditions may be imposed for releasing the vehicle in question. 6. considering the facts and circumstances of the case and in view of the fact that the vehicle in question is kept without any use by exposing it to the sun and the rain, it would certainly lose its value, the first respondent is directed to release the vehicle in question to the petitioner on the following conditions:- (i) the petitioner shall produce necessary documents before the first respondent to prove her ownership of the vehicle in question; (ii) the petitioner shall deposit a sum of rs.10,000/- (rupees ten thousand only) with the first respondent; (iii) the petitioner shall give an undertaking that she will not use the vehicle or any other vehicle for any illegal activities and also she will not indulge in such activities in future ; (iv) the vehicle shall be produced to the respondents as and when required by the respondents. 7. after fulfilling all the four conditions, the first respondent shall release the vehicle in question to the petitioner with a specific condition that she shall not alienate or encumber the vehicle in question till the disposal of the proceedings before the authorities concerned. it is also made clear that it is open to the authorities to take appropriate action against the petitioner, in case, she violates any one of the conditions stipulated in this order. with the above direction, this writ petition stands disposed of. no costs. consequently, connected miscellaneous petition is closed.

Full Judgment

(Prayer: This Writ Petition has been filed praying for a Writ of Mandamus directing the first and the second respondents to release the seized Auto Rickshaw bearing No.TN 60 T8689 and consequently to hand over the same to the petitioner.)

1. This Writ Petition has been filed praying for a Writ of Mandamus directing the first and the second respondents to release the seized Auto Rickshaw bearing No.TN 60 T8689 and consequently to hand over the same to the petitioner.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. The learned counsel appearing for the petitioner submitted that the issue involved in this Writ Petition is already considered in W.P.(MD).No.5675 of 2014 and this Court ordered to release the vehicle therein with certain conditions. Subsequently also, the same issue was considered in W.P.(MD).No.7614 of 2014 dated 29.04.2014 and vehicle therein was released with certain conditions.

5. The learned Additional Government Pleader has not refuted the said submissions of the learned counsel appearing for the petitioner. However, he prayed this Court that stringent conditions may be imposed for releasing the vehicle in question.

6. Considering the facts and circumstances of the case and in view of the fact that the vehicle in question is kept without any use by exposing it to the sun and the rain, it would certainly lose its value, the first respondent is directed to release the vehicle in question to the petitioner on the following conditions:-

(i) The petitioner shall produce necessary documents before the first respondent to prove her ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the first respondent;

(iii) The petitioner shall give an undertaking that she will not use the vehicle or any other vehicle for any illegal activities and also she will not indulge in such activities in future ;

(iv) The vehicle shall be produced to the respondents as and when required by the respondents.

7. After fulfilling all the four conditions, the first respondent shall release the vehicle in question to the petitioner with a specific condition that she shall not alienate or encumber the vehicle in question till the disposal of the proceedings before the authorities concerned. It is also made clear that it is open to the authorities to take appropriate action against the petitioner, in case, she violates any one of the conditions stipulated in this order.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Same Court & Year Chennai Madurai · 2015 Same Parties V. Murugeswari vs The Additional District Magistrate cum Dist... Same Subject Land Acquisition Same Judge K. Ravichandrabaabu