R.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.12582 of 2019 R.Elumalai

...Petitioner

Vs 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The District Revenue Officer, District Revenue Office, Thiruvannamalai District, Thiruvannamalai.

3.The Revenue Divisional Officer, Cheyyar Revenue Division, Thiruvannamalai District.

4.The Assistant Director, Geology and Mines, Thiruvannamalai District, Thiruvannamalai.

5.The Tahsildar, Chetpet Taluk, Thiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to release the petitioner's vehicle namely "Mahindra Tractor" with Tipper bearing Registration No.TN-25-BW0504 forthwith. For Petitioner :

Mr.S.B.Viswanathan For Respondents :

Mr.E.Balamurugan 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 respondents to release the petitioner's vehicle namely "Mahindra Tractor" with Tipper bearing Registration No.TN-25-BW-0504 forthwith.

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

3. According to the petitioner, the 5th Respondent seized the vehicle in question on 01.08.2018 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 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.25,000/- (Rupees Twenty 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 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. Connected miscellaneous petition is closed.

Sd/- Joint Registrar (Judicial) //True Copy// dpq Sub Assistant Registrar To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, District Revenue Office, Thiruvannamalai District, Thiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar Revenue Division, Thiruvannamalai District.

4. The Assistant Director, Geology and Mines, Thiruvannamalai District, Thiruvannamalai.

5. The Tahsildar, Chetpet Taluk, Thiruvannamalai District.

6. The Judicial Magistrate, Thiruvannamalai.

+1 cc to Mr.S.B.Viswanathan, Advocate, S.R.No.51000 +1 cc to the Government Pleader, S.R.No.51798 Writ Petition No.12582 of 2019 NRL(CO) SSM(05/07/2019)