W.P.(MD)No.16225 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

W.P.(MD)No.16225 of 2022

N.Kannan

... Petitioner

Vs.

1.The Deputy Superintendent of Police,

Prohibition of Enforcement Wing,

Ramanathapuram,

Ramanathapuram District.

2.The Inspector of Police,

Ervadi Dharga Police Station,

Ramanathapuram District.

... Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of

India, praying for issuance of a Writ of Mandamus, directing the

respondents to release the petitioner's vehicle Hero Honda

Splendor Plus bike, bearing Reg.No.TN-45-AK-3844 seized by the

2nd respondent on 24.04.2020 and in the light of the petitioner's

representations, dated 24.03.2022 and 08.07.2022.

For Petitioner

:

Mr.A.Vadivel

For Respondents :

Mr.P.Subbaraj

Spl.Government Pleader

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W.P.(MD)No.16225 of 2022

O R D E R

This Writ Petition is filed praying for issuance of a Writ of

Mandamus, to direct the respondents to release the petitioner's

vehicle, viz., 'Hero Honda Splendor Plus' bike, bearing

Reg.No.TN-45-AK-3844, seized by the 2^nd

respondent on

24.04.2020, by considering the petitioner's representations, dated

24.03.2022 and 08.07.2022.

2. The contention of the petitioner is that he is the owner of

the vehicle viz., 'Hero Honda Splendor Plus' bike, bearing

Reg.No.TN-45-AK-3844. The petitioner's nephew one Ilayaraj took

the petitioner's vehicle for some urgent work, without the

knowledge of the petitioner. On 24.04.2020, on a routine vehicle

check, the 2^nd respondent intercepted the vehicle in question,

found the said Ilayaraja illegally transported toddy liquor, volume

of 20 litters. Subsequently, a case in Crime No.104 of 2020,

registered for offence under Section 4(1)(a) of the Tamil Nadu

Prohibition Act. Thereafter, the 1^st respondent passed confiscation

order dated 13.07.2020. The said Ilayaraja informed about the

confiscation order to the petitioner.

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W.P.(MD)No.16225 of 2022

3. The learned counsel for the petitioner would submit that

the petitioner, after coming to know the seizure of his vehicle, by

the 2^nd respondent, went to the 2^nd respondent Police Station, with

request to release his vehicle, the petitioner sent representations

to the respondents, but there is no response. Finally, the 1^st

respondent passed confiscation order on 01.09.2020. The

petitioner challenged the same before this Court in W.P(MD)No.

1102 of 2022, this Court, by order dated 25.01.2022, set aside the

confiscation order passed by the 1^st respondent, by directing the

first respondent to redo the confiscation proceedings, on or before

08.02.2022. However, the 1^st respondent not passed any fresh

order till date. Further, the respondents failed to consider the

petitioner's representations and not released the vehicle till date.

4. When the matter was taken up for hearing, the learned

Special Government Pleader appearing for the respondents

produced the order, dated 10.08.2022, passed by the Deputy

Superintendent of Police, Ramanathapuram, to the Inspector of

Police, Ramanathapuram, directing to release the vehicle of the

petitioner.

5. I have heard the submissions made by the learned counsels

appearing on either side and perused the materials on record.

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W.P.(MD)No.16225 of 2022

6. It is not in dispute that the petitioner is the owner of the

two wheeler

viz.,

'Hero Honda Splendor Plus' bearing

Reg.No.TN-45-AK-3844. On 24.04.2020, the petitioner's nephew

one Ilayaraj took the petitioner's vehicle, without the knowledge of

the petitioner. The 2^nd respondent intercepted the vehicle, found

the said Ilayaraja illegally transported toddy liquor in the veh