M.Balasubramanian v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.04.2019 Coram The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.8223 of 2019 M.Balasubramanian

...Petitioner

Vs.

1. The Sub Collector, Nagapattinam, Nagapattinam District.

2. The Tahsildar, Vedharanyam Taluk, Vedharanyam, Nagapattinam District.

3. The Inspector of Police, Kariyapattinam Police Station, Vedharanyam Taluk, Nagapattinam District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondents to release the petitioner's seized Sonalika Tractor D1-35 SMPLUS having Engine No.3100FL73D632828F3 and Chassis No.GZJST638219SM with Tipper, seized by 2nd respondent on 05.09.2018 which is under the illegal custody of 3rd respondent and to hand it over to the petitioner. For Petitioner :

Mr.S.T.P.Kuilmozhi For Respondents:

Mr.J.Pothiraj, Special Government Pleader.

O R D E R

[Order was delivered by R.SUBBIAH,J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's seized Sonalika Tractor D1-35 SMPLUS having Engine No.3100FL73D632828F3 and Chassis No.GZJST638219SM with Tipper, seized by 2nd respondent on 05.09.2018 which is under the illegal custody of 3rd respondent and to hand it over

to the petitioner.

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

3. According to the petitioner, the respondents have seized the vehicle in question on 05.09.2018 on the ground of illegal carrying of Sand, 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 learned Special Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like Sand 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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos.(i) to (iii), which are mentioned below:

(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 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.

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

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar vkr/ebsi To

1. The Sub Collector, Nagapattinam, Nagapattinam District.

2. The Tahsildar, Vedharanyam Taluk, Vedharanyam, Nagapattinam District.

3. The Inspector of Police, Kariyapattinam Police Station, Vedharanyam Taluk, Nagapattinam District.

+1 CC to M/s.S.T.P.Kuilmozhi, Advocate sr 30936. +1 CC to Govt. Pleader sr 31656.

Writ Petition No.8223 of 2019 KJ(CO) SP(11/04/2019)