[Cites 1, Cited by 0]
Madras High Court
Hildon vs The District Revenue Officer on 20 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
WP(MD). No.36127 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
WP(MD). No.36127 of 2025
and W.M.P.(MD)No.28732 of 2025
Hildon ... Petitioner
Vs
1. The District Revenue Officer,
Collectorate,
Tirunelveli District..
2. The Inspector of Police,,
CSCID Police Station,
Tirunelveli,
Tirunelveli District..
3. Ramesh,
(R3 is Impleaded Vide Court Order Dated
02.02.2026 in Wmp(MD)no.2332/2026) ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution
of India, praying this court to issue a Writ of Mandamus, directing the
respondents to release petitioner ASHOK LEYLAND DOST vehicle
bearing registration No.TN 75 AZ 6829 seized on 10.08.2025, which is
in the custody of the respondents by considering petitioner's
1/6
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WP(MD). No.36127 of 2025
representation dated 28.11.2025 within a time frame that may be
stipulated by this Court.
For Petitioner : Mr.SC.Herold Singh,
For Respondents : Mrs.D.Farjana Ghoushia,
Spl. Govt. Pleader for R1
M/s.M.Aasha,,
Government Advocate (Crl.Side)
No Appearance for R3
ORDER
The present Writ Petition has been filed seeking a
Mandamus directing the respondents to release the petitioner's ASHOK
LEYLAND DOST vehicle bearing registration No.TN 75 AZ 6829,
which is in the custody of the respondents, by considering his
representation dated 28.11.2025.
2. Heard the learned counsel appearing for the petitioner and
the learned Special Government Pleader appearing for the first
respondent and learned Government Advocate (Crl. Side) appearing for
the 2nd respondent.
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3. The Hon'ble Supreme Court of India, in more than one
case, has held that detaining vehicles does not serve any purpose and
being exposed to rain and sunlight, the vehicles would lose their value.
Therefore, I direct the first respondent viz., the District Revenue Officer
(DRO) to return the petition mentioned vehicle to the petitioner. Further,
the following directions will protect the interest of both parties.
(a)The petitioner shall deposit a sum of Rs.5,000/-
(Rupees Five Thousand only) before the first respondent
within a period of two weeks from the date of receipt of a
copy of this order;
(b) The petitioner shall appear in person and
produce all the relevant documents proving the ownership
of the vehicle for verification of the authority;
(c) On receipt of payment as stated supra and also
on being satisfied with the ownership of the vehicle, the
first respondent shall release the subject vehicle
forthwith;
(d) The petitioner shall not use the said vehicle for
any unlawful purpose and also shall not alienate the same
during the pendency of the proceedings;
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(e) It is open to the first respondent to initiate
proceedings in accordance with law and pass appropriate
orders on merits, within a period of three months from the
date of receipt of a copy of this order;
(f) If no such order is passed within the time
stipulated therein, the amount so paid by the petitioner
shall be refunded to him;
(g) This order for release of the vehicle can be
availed of by the petitioner, if the vehicle is not in the
custody of Criminal Court. If the vehicle is in the custody
of the Criminal Court, it is open to the petitioner to
approach the jurisdictional Magistrate to get release of the
vehicle by filing appropriate application and the same can
be considered in accordance with law.
4. This writ petition is allowed with the above directions. No costs.
Consequently, connected miscellaneous petition is also closed.
20.02.2026
Index : Yes/No
NCC : Yes/No
VSM
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TO
1. The District Revenue Officer,
Collectorate,
Tirunelveli District..
2. The Inspector of Police,,
CSCID Police Station,
Tirunelveli,
Tirunelveli District..
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R.VIJAYAKUMAR, J.
VSM
Date : 20.02.2026
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