EVERGREEN SUPPLIERS Vs. COMMISSIONER THIRUVOTTIYUR MUNICIPALITY

JUDGEMENT

(1.) The petitioner has prayed for issuing Writ of Mandamus directing the first respondent to release the lorries bearing Registration Nos. TN-07 Z 6694 and TN-07 Z 6696 and the crane owned by the petitioner.

(2.) Petitioner is a partnership firm engaged in the business of stevedoring, transportation, loading and unloading materials pertaining to various third parties. It has been alleged that the petitioner has entered into such an agreement with the respondent No.2. For the aforesaid purpose of transportation, etc., it is necessary for the petitioner to utilise his own lorries and other machineries such as cranes. During March 2002, two of the lorries and a crane belonging to the petitioner were stationed at the premises belonging to the respondent No.1, but rented out to others. The aforesaid premises was sealed by the first respondent on the ground that the dues of the first respondent had not been paid. When the petitioner came to know about the aforesaid sealing of the premises, wherein his two lorries and a crane had been stationed, a written representation was filed before the first respondent for release of the aforesaid properties. However, since no action was taken, the present writ petition has been filed.

(3.) It has been submitted that even assuming that the second respondent or any other person or authorities had failed to pay some dues of the first respondent, and the first respondent has right to seal the premises, the properties belonging to third parties like the petitioner cannot be retained by the first respondent and as such there should be a direction for return of those articles.