K.Ramesh v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.5171 of 2019 K.Ramesh

...Petitioner

-Vs1. The Revenue Divisional Officer Sankari Salem District

2. The Special Revenue Inspector Geology and Mines Department Salem

3. The Tahsildar Edappadi Salem District

...Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to release the Tipper Lorry bearing Registration No.TN 28 AL 5789 seized on 28.12.2018 keeping under the custody of second respondent.

For Petitioner :

Mr.R.Ezhilarasan For Respondents :

Mr.D.Raghu Government Advocate

ORDER

(Order of the Court was made by R.SUBBIAH, J.) The petitioner has filed the above writ petition praying for issuance of a writ of mandamus, directing the respondents to release the Tipper Lorry bearing Registration No.TN 28 AL 5789 seized on 28.12.2018 and kept under the custody of second respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. According to the petitioner, the respondents have seized the vehicle in question on 28.12.2018 on the ground of illegal transportation of red sand without valid permit and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present writ petition.

4. On the other hand, it is submitted by the learned Government Advocate appearing for the respondents that the vehicle in question was used for illegal transportation of red sand and there was no valid permit and hence the vehicle was seized.

5. In any event, as the vehicle is under the custody of the respondents from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish its value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.

6. Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii) :

(i) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

(ii) The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

(iii) The petitioner shall give an undertaking before the respondent(s)/authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle. (iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

(v) The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

7. With the above observations and directions, this writ petition is disposed of. No costs.

ss Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Revenue Divisional Officer Sankari Salem District

2. The Special Revenue Inspector Geology and Mines Department Salem

3. The Tahsildar Edappadi Salem District +1cc to Mr.R.Ezhilarasan, Advocate, S.R.No.17072 +1cc to the Government Pleader, S.R.No.18212 W.P.No.5171 of 2019 kak(05/03/2019)