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2006 Supreme(Mad) 3489

P.SATHASIVAM, S.TAMILVANAN
The Government of Tamil Nadu, rep. , by its Secretary & Another – Appellant
Versus
M. Durairaj – Respondent


Appearing Advocates: For the Appellants:Titus Jesudoss, Special Government Pleader (Forests). For the Respondent:Vijayanarayanan, SC., S.M. Edward Stanley, Advocate.

Judgment :-

Writ appeal filed under Clause 15 of the Letters Patent against the order dated 10.12.2001 made in W.P.No.23094 of 2001.

P. Sathasivam, J.

Aggrieved by the order of the learned single Judge dated 10.12.2002 made in W.P.No.23094 of 2001, the Secretary, Government of Tamil Nadu, Department of Forest and Environment, Fort St. George, Chennai, has preferred the above appeal.

2. The respondent-writ petitioner filed Writ Petition No.23094 of 2001 seeking to issue a Writ of Mandamus directing the respondents therein to release the lorry bearing registration No.TN-45D-7677 in good condition or to pay the cost of the vehicle of Rs.6 lakhs to the petitioner together with the monetary loss suffered by the petitioner due to non-release of the vehicle after 23.12.1999, estimated at Rs.500/- per day.

3. The learned single Judge, after finding that since the order of confiscation has already been set aside in Crl. Appeal No.64 of 1997 by the competent Court, the respondents ought to have returned the vehicle immediately, accepted the stand taken by the petitioner and directed the respondents to pay a sum of Rs.500/- per day to the petitioner from 24.12.1999 till the release of the lorry.

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