P HAMEED NISH Vs. MOTOR VEHICLES INSPECTOR

JUDGEMENT

(1.) This writ petition is filed for a mandamus directing the respondents to release the petitioner's vehicle No.TN-09/M-9399 which was seized by the first respondent on 13.8.2002.

(2.) In similar circumstances, this Court was pleased to pass an order directing the release of the vehicle along with the original documents subject to the petitioner giving an undertaking not to alienate the vehicle till the proceedings are concluded and to produce the vehicle and documents as and when required.

(3.) The learned counsel for the petitioner submits that in the affidavit itself, the undertaking is given which is as follows:- "(a) I state that the vehicle is not required to prove any offence. I undertake to produce the vehicle as and when required by the respondents. (b) I undertake not to alienate the vehicle till the proceedings are completed." This undertaking is recorded as an undertaking made to this Court. In addition, the counsel for the petitioner also undertakes that the petitioner will not part with the original documents and to produce the same as and when required until the proceedings are over. This is also recorded as an undertaking made to this Court.