A.Sridhar v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.04.2019

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.10408 of 2019 A.Sridhar

...Petitioner

Vs.

The Thasildhar, Katpadi Taluk Office, Katpadi, Vellore District.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to release the petitioners Ashok Leyland tipper lorry bearing Registration No. TN 23 AD 8710 with Engine No. MKE 315080 and Chassis No. MKE427741 seized by the respondent within stipulated period.

For Petitioner :

Mr.M.Sathish Kumar For Respondent :

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, directing the respondent to release the petitioners Ashok Leyland tipper lorry bearing Registration No. TN 23 AD 8710 with Engine No. MKE 315080 and Chassis No. MKE427741.

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

3. According to the petitioner, the respondent has seized the vehicle in question on the month of October 2018, on the

ground of illegal carrying of river sand, and till date, no order for release of the said vehicle had been passed by the respondent. 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 respondent that the vehicle in question was used for illegal transportation of mines and minerals like river sand and there is no valid permit and hence, the vehicle was seized. He further submitted that already one previous case filed against the petitioner.

5. In any event, as the vehicle is under the custody of the respondent 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.75,000/- (Rupees Seventy Five 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 nonrefundable 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 respondent /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 respondent and also the trial Court, failing which the respondent/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(CCC) //True Copy// Sub Assistant Registrar vkr To The Thasildhar, Katpadi Taluk Office, Katpadi, Vellore District.

+1cc to Mr.M.Sathish Kumar, Advocate, S.R.No.35398 +1cc to the Government Pleader, S.R.No.35345 Writ Petition No.10408 of 2019 PP(CO) CB(23/04/2019)