S. ALFRED(DECEASED) AND OTHERS Vs. REVENUE DIVISIONAL OFFICER, PADMANBHAPURAM, THUCKALAY, KANYAKUMARI DISTRICT AND ANOTHER

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to pay a compensation of Rs. 3,10,000/- to the petitioner on account of illegal detention of the Lorry bearing Regn. No. KRF-2192 from 25.04.2000 to 28.02.2011 (310 days) in the premises of the second respondent, exposed to sun, dust and rain.

(2.) According to the original petitioner S.Alfred (since deceased), his brother Ravi Pillai is the owner of the lorry bearing Registration No. KRF-2192. During the pendency of the Writ Petition, the petitioner-S. Alfred passed away and his legal heirs have been substituted in the Writ Petition. The lorry was intercepted by the Tahsildar on 25.04.2000 while it was going to workshop and that there was no transport or Sand or Blue Metal or any other mineral in the lorry. The Tahsildar detained the lorry without any case or charge in respect of the lorry. It is the further case of the petitioners that the original petitioner-Alfred gave a representation on 26.04.2000 to the first respondent to enquire into the matter and release the lorry, as the same has been detained without any basis. The petitioner has filed W.P. No. 8948 of 2000 to release the lorry, and the said Writ Petition was disposed of by this Court on 07.06.2000, permitting the petitioner to approach the concerned Criminal Court for obtaining an order for release of the lorry seized by the respondents on 25.04.2000. Subsequently, W.M.P. No. 24155 of 2000 in W.P. No. 8948 of 2000 was filed for modification of the said order of this Court, dated 07.06.2000 and the said W.M.P. was disposed of by this Court on 13.12.2000, directing the release of lorry on certain conditions, which reads as follows:

(3.) It is further stated that the aforesaid observations were made by this Court, as there was no case against the petitioner even after six months of seizing the lorry. Pursuant to the said order of this Court as modified by P.Sathasivam, J (as His Lordship then was), in W.M.P. No. 24155 of 2000, as stated supra, Rs. 25,000/- was deposited and security for a sum of Rs. 1,75,000/- was also furnished. The lorry was released and a sum of Rs. 25,000/- was also returned. According to the petitioner, the lorry was illegally detained for 310 days from 25.04.2000 to 28.02.2001 and that the petitioner was getting a sum of Rs. 1,000/- per day which is the normal income when the lorry was given to others on rental basis. On account of the seizure of lorry without any reason, there was a loss of Rs. 3,10,000/- and that petitioner will have to be paid compensation.