D.Vijayabaskar, v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.05.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No. 14292 of 2019 D.Vijayabaskar

...Petitioner

Vs 1.The Revenue Divisional Officer, Neyveli, Cuddlore District 2.The Inspector of Police, Neyveli, Thermal Police Station, Cuddlore District

...Respondents

Writ Petitions 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 JCB vehicle bearing Registration No.TN63 AL 1755 respectively, which was seized by the respondent in connection with Crime no.71/2019 on the file of the 2nd respondent within a stipulated timeframe, based on the petitioners' representation dated 27.04.2019. For Petitioner :

Mr.S.Viswanathan For Respondents :

Mr.J.Ramesh Additional Government Pleader

O R D E R

[Order of the Court was delivered by KRISHNAN RAMASAMY ,J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing the respondents to release the petitioner's JCB vehicle bearing Registration No.TN63 AL 1755 respectively, which was seized by the respondent in connection with Crime no.71/2019 on the file of the 2nd respondent.

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

3. Learned counsel for petitioner submits that the respondents have seized the vehicle in question on 24.03.2019 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, the petitioner has come forward with the present Writ Petition.

4. On the other hand, it is submitted by learned Additonal Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like river sand and hence, the vehicle was seized. He would further submit that 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 its 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 seven

(7) days from the date of compliance of the below mentioned condition Nos.(i) to (iii):

(i)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)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)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)Petitioner shall not alienate the vehicles in question till the disposal of the proceedings before the authority concerned.

(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents.

With the above observations and directions, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar ska/jbm To 1.The Revenue Divisional Officer, Neyveli, Cuddlore District 2.The Inspector of Police, Neyveli, Thermal Police Station, Cuddlore District.

3. The Judicial Magistrate, Neyveli, Cuddalore District.

+1cc to Mr.Dass & Viswa Associates, Advocate, S.R.No.43648 Writ Petition No.14292 of 2019 SVI(CO) vum(24/05/2019)