P.Elumalai v. The Assistant Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.5142 of 2019 P.Elumalai S/o.Perumal .. Petitioner ..vs..

The Assistant Director, Department of Mines and Geology, Tiruvallur District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to release the Lorry bearing registration No.TN-18AR-0159, Chassis No.MBINACHD8JPED2007 and Engine No.JEPZ120384 forthwith by accepting the provisional fine.

For Petitioner : Mr.R.Jayaprakash For respondent :

Mr.D.Raghu Government Advocate

O R D E R

[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 respondent to release the petitioner's Lorry bearing registration No.TN-18-AR0159, Chassis No.MBINACHD8JPED2007 and Engine No.JEPZ120384.

2. Heard learned counsel for the petitioner and learned Government Advocate for the respondent.

3. According to the petitioner, the respondent has seized the vehicle in question on 16.09.2018 on the ground of illegal carrying of silica sand and till date, no order for release of the said vehicle had been passed by the respondent. Hence, he has come forward with the present Writ Petition.

4. On the other hand, it is submitted by learned Government Advocate for the respondent that the vehicle in question was used for illegal transportation of mines and minerals like silica sand and hence, the vehicle was seized. He further submitted that the petitioner has no previous case. https://hcservices.ecourts.gov.in/hcservices/

5. In any event, as the vehicle is under the custody of the respondent 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 their value, this

(i)The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five 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/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 respondent and also the trial Court, failing which the respondent/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 respondent.

With the above observations and directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gm To The Assistant Director, Department of Mines and Geology, Tiruvallur District.

+1cc to Mr.R.Jayaprakash, Advocate sr.no.18011 +1cc to Government Pleader sr.18230 W.P.No.5142 of 2019 nr 04/03/2019 https://hcservices.ecourts.gov.in/hcservices/