T.Rajkumar, v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.04.2019 Coram The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.10067 of 2019 T.Rajkumar

...Petitioner

Vs.

1.The Revenue Divisional Officer, Chengalpattu, Kanchipuram District.

2.The Inspector of Police, Chengalpattu Taluk Police Station, Kancheepuram District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, direct the respondents to release the two wheeler bearing Registration No.TN-19-AJ-1698 which was seized by the second respondent on 25.09.2018 and thereby consider the representation dated 10.12.2018.

For Petitioner :

Mr.G.Punniakoti For Respondents:

Mr.D.Raghu Government Advocate

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, direct the respondents to release the two wheeler bearing Registration No.TN-19-AJ-1698 which was seized by the second respondent on 25.09.2018 and thereby consider the representation dated 10.12.2018.

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

3. According to the petitioner, the respondents have seized the vehicle in question on 25.09.2018 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 Government Advocate 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.2000(Rupees Two 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.

03.04.2019 arb "Being Mentioned"

This Petition having been posted on this day " For Being Mentioned". In pursuance to the order of this Court dated 03.04.2019 and made herein in the presence of the above said Advocates, this court made the following order: This matter is listed today under the caption, "For Being Mentioned", at the instance of the learned counsel appearing for the petitioner.

2.This Court by order dated 03.04.2019, has directed the release of the vehicle in question and imposed certain conditions. The first condition is that the petitioner was directed to deposit a sum of Rs.10,000/- before the jurisdictional Tahsildar concerned as non-refundable deposit. It is seen that the vehicle in question, in this case is two wheeler. Hence, instead of Rs.10,000/-, the petitioner shall deposit a sum of Rs.2,000/- before the jurisdictional Tahsildar concerned as non-refundable deposit.

3.In other respects, the earlier order dated 03.04.2019 shall remain unaltered.

4.The Registry is directed to issue fresh order copy by incorporating the amount in Para 6 (i) of the order as Rs.2,000/- instead of Rs.10,000/-.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar arb/nsd

To 1.The Revenue Divisional Officer, To be substituted to Chengalpattu, Kanchipuram District.

the order already despatched on 2.The Inspector of Police, 23.04.2019.

Chengalpattu Taluk Police Station, Kancheepuram District.

+1cc to Mr.G.Punniyakotti, Advocate, S.R.No. 38888 +1cc to the Government Pleader, S.R.No. 33475 Writ Petition No.10067 of 2019 KJ(CO) GN(12/04/2019) SP(27/04/2019)