M.Raja, 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 W.P.No.14588 of 2019 M.Raja Male ... Petitioner Vs.
1.The Revenue Divisional Officer, Namakkal Taluk, Namakkal District.
2.The Tasildhar, Mohanur Taluk, Namakkal District.
... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to release the JCP bearing Registration No.TN-88-W-5015, Engine No.H00196046 seized by the second respondent on 07.05.2019, to the petitioner forthwith based on the representation of the petitioner dated 07.05.2019.
For Petitioner : Mr.V.Karthikeyan For Respondents: Mr.J.Ramesh Additional Government Pleader
O R D E R
(Order of the Court was delivered by KRISHNAN RAMASAMY,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 JCP bearing Registration No.TN-88-W5015, Engine No.H00196046 seized by the second respondent on 07.05.2019.
2. Heard learned counsel for the petitioner and learned Additional Government Pleader for the respondents.
3. According to the petitioner, second respondent has seized the vehicle in question on 07.05.2019 on the ground of illegal mining 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 Additional Government Pleader for the respondents that the vehicle in question was used for illegal mining of mines and minerals like river sand and there was no valid permit and hence, the vehicle was seized.
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.
7. With the above observations and directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar pri/rpl To 1.The Revenue Divisional Officer, Namakkal Taluk, Namakkal District.
2.The Tasildhar, Mohanur Taluk, Namakkal District.
+1cc to Government Pleader, High Court, Madras SR.No.44122 W.P.No.14588 of 2019 GP(CO) GMY(23/05/2019)