Madras High CourtWP/9100/2019disposed of

Mr.D.V.Madukkar v. The District Collector

2019-03-27Honourable Mr Justice R.Subbiah,Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.9100 of 2019 D.V.Madukkar S/o.Late Venkaiah

...Petitioner

Vs 1.The District Collector, Office of District Collectorate, Kancheepuram, Kancheepuram District.

2.The Assistant Director, Tamil Nadu Mines and Minerals Geology Department, Kancheepuram, Kancheepuram District.

3.The Tahsildar, Sriperumbudur, Kancheepuram, Kancheepuram District.

4.The State represented by Sub-Inspector of Police, Sunguvarchatram Police Station, Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the forth respondent to release the petitioner's Tipper Lorry bearing Registration No.TN-10-BA-9460, Engine No.61SBE2303061G6411234 and Chassis No.MAT721002G3H20049 forthwith to the petitioner herein.

For Petitioner :

Mr.P.P.Shanmugasundaram For Respondents:

Mr.D.Raghu Government Advocate *****

O R D E R

[Order was delivered by R.SUBBIAH,J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the forth respondent to release the petitioner's Tipper Lorry bearing Registration No.TN-10-BA-9460, Engine No.61SBE2303061G6411234 and Chassis No.MAT721002G3H20049, seized by the third respondent.

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

3. According to the petitioner, respondents have seized the vehicle in question on 05.03.2019 on the ground of illegal carrying of M.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 Government Advocate for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like M.Sand and there is 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 their 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 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.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gm To 1.The District Collector, Office of District Collectorate, Kancheepuram, Kancheepuram District.

2.The Assistant Director, Tamil Nadu Mines and Minerals Geology Department, Kancheepuram, Kancheepuram District.

3.The Tahsildar, Sriperumbudur, Kancheepuram, Kancheepuram District.

4.The Sub-Inspector of Police, Sunguvarchatram Police Station, Kancheepuram District.

+1cc to Mr.P.P.Shanmugasundaram, Advocate, S.R.No.28750 +1cc to the Government Pleader, S.R.No.29757 Writ Petition No.9100 of 2019 AD(CO) RRS(05/04/2019)