Rajasekaran, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.6815 of 2019 Rajasekaran .. Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, Non Ferrous Mining and Mettalurgical Industries, Ezhilagam, Chennai-600 005.

2. The District Collector, Ariyalur District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Udayarpalayam, Ariyalur District.

4. The Sub-Inspector of Police, Thalavai Police Station, Ariyalur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents, particularly the Revenue Divisional Officer, Udaiyarpalayam, Ariyalur District and the SubInspector of Police, Thalavai Police Statoin, Ariyalur District, the third and fourth respondents to release the petitioner's Taraus Lorry bearing Registration No.TN55-AK-3784 forthwith, the same was seized on 24.01.2019 by the fourth respondent for the alleged transportation of sand in the above lorry.

For petitioner : Mr.K.Balakrishnan For respondents : Mr.J.Pothiraj, Spl.G.P.

ORDER

(The 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 to direct the respondents, particularly the Revenue Divisional Officer, Udaiyarpalayam, Ariyalur District and the Sub-Inspector of Police, Thalavai Police Statoin, Ariyalur District, the third and fourth respondents to release the petitioner's Taraus Lorry bearing Registration No.TN-55-AK-3784 forthwith, the same was seized on 24.01.2019 by the fourth respondent for the alleged transportation of sand in the above lorry.

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

3. According to the petitioner, the respondents have seized the vehicle in question on 24.01.2019 on the ground of illegal mining 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 Special Government Pleader appearing for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like savudu earth and there was no

valid permit and hence the vehicle was seized. He further submitted that the petitioner has no previous case.

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.50,000/- (Rupees fifty 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 respondents/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.

(R.P.S.J) (K.R.J) 11.03.2019 Office to note: Issue order copy within one week cs To

1. The Government of Tamil Nadu, Rep. by its Secretary, Non Ferrous Mining and Mettalurgical Industries, Ezhilagam, Chennai-600 005.

2. The District Collector, Ariyalur District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Udayarpalayam, Ariyalur District.

4. The Sub-Inspector of Police, Thalavai Police Station, Ariyalur District..

R.SUBBIAH, J and KRISHNAN RAMASAMY, J cs W.P.No.6815 of 2019 11.03.2019