SENTHIL KUMAR Vs. PRINCIPAL SECRETARY TO THE GOVERNMENT HOME PROHIBITION AND EXCISE DEPT. , SECRETARIAT, CHENNAI-600 009

JUDGEMENT

(1.) This writ petition has been filed to direct the third respondent to release the petitioner's lorries, bearing Registration Nos.TN-33-Z-028 TDQ9735 and TDY 6176 from the fourth respondent, and handover the same to the petitioner, considering the complaint dtd. 16/1/2015.

(2.) It is the case of the writ petitioner that eventhough he has repaid the entire loan amount to the fourth respondent, he has not given No Objection Certificate to cancel the hypothecation to the petitioner. When the matter stood thus, fourth respondent has taken the aforementioned vehicles. Hence the petitioner has given a complaint, dtd. 16/1/2015. Since the same has not been considered so far, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

(3.) In the counter affidavit filed by the fourth rspondent, it is stated that on 15/3/2014, the petitioner had addressed a letter to the Managing Partner of Sri Ravana Finance stating that he is surrendering two of his lorries, bearing Registration Nos.TDQ-9735 and TN-33-Z-0280, on his own accord and sought fifteen days time to handover the original Registration Certificates, as the petitioner had borrowed loan. But the petitioner had given a false complaint on 18/7/2014, to the Superintendent of Police, Erode, as if some third parties had threatened the petitioner and forcefully abducted four lorries belonging to the petitioner.