N.Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1117 of 2018 N.Kumar .. Petitioner Vs.
1.The District Collector, Mines and Minerals Department, Villupuramm
2. The Inspector of Police, Tindivanam Town PS, Tindivanam.
.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to release the Truck Ashok Leyland Tarus bearing registration No.TN 52 C 0060 belonging to the petitioner and kept in the custody of the second respondent on such terms and conditions. For Petitioner: Mr.S.N.Amarnath For Respondents: Mr.R.Govindasamy, Special Government Pleader for R1 and R2
O R D E R
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus directing the first respondent to release the Truck Ashok Leyland Tarus bearing registration No.TN 52 C 0060 belonging to the petitioner and kept in the custody of the second respondent.
3. It is stated that the above vehicle was seized by the second respondent on 17.12.2017 on the allegation that the said vehicle was indulged in transporting blocks of stone illegally. Needless to say that it is for the authority to consider such claim of the petitioner and pass appropriate orders and therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner. However, considering the
fact that the vehicle was seized as early as on 17.12.2017 and the same is kept idle thereby exposing it to sun and rain, which undoubtedly would diminish its value, this Court is of the view that the following order will protect the interest of both parties:
a) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand) before the first respondent within a period of two weeks from the date of receipt of a copy of this order.
b) The petitioner shall appear in person and produce all the relevant documents proving the ownership of the vehicle for verification of the authority in proof of such ownership.
(c) On receipt of payment as stated supra and also on being satisfied with the ownership of the vehicle, the respondents shall release the vehicle alone forthwith. The detained goods shall not be released to the petitioner.
(d) The petitioner shall not use the said vehicle for any unlawful purpose and also shall not alienate the same during the pendency of the proceedings.
(e) It is open to the first respondent to initiate proceedings in accordance with law and pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
(f) If no such order is passed within the time stipulated therein, the amount so paid by the petitioner shall be refunded to the petitioner.
(g) This order for release of the vehicle can be availed of by the petitioner, if the vehicle is not in the custody of criminal Court. If the vehicle is in the custody of the criminal Court, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar
vsi To 1.The District Collector, Mines and Minerals Department, Villupuramm
2. The Inspector of Police, Tindivanam Town PS, Tindivanam.
+1cc to Mr.S.N.Amarnath, Advocate SR.No.11605 +1cc to Government Pleader SR.No.12161 W.P.No.1117 of 2018 GN(19/02/2018)