K.Maheswaran v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.05.2019

CORAM:

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.14504 of 2019 K.Maheswaran, S/o.Kathirvel, 271, School Street, Karappattu, Chengam Taluk, Thiruvannamalai District.

...Petitioner

Vs.

1. The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

2. The Tahsildar, Chengam Taluk, Thiruvannamalai District-608 201.

3. The Inspector of Police, Pudhupalayam Police Station, Thiruvannamalai District - 608 201.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to release the petitioner's Swaraj 744 FE Model Tractor bearing Engine No.431024SRG07928 immediately without any further delay.

For Petitioner : Mr.B.Lenin balu For Respondents: Mr.K.Ravi Kumar Additional Government Pleader

O R D E R

[Order was delivered by Krishnan Ramasamy] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Swaraj 744 FE Model Tractor bearing Engine No.431024SRG07928 immediately without any further delay.

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

3. According to the petitioner, the respondents have seized the vehicle in question on 07.04.2019 on the ground of illegal carrying of sand (Morambu), 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 (Morambu) 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.10,000/- (Rupees Ten 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

2. The Tahsildar, Chengam Taluk, Thiruvannamalai District-608 201.

3. The Inspector of Police, Pudhupalayam Police Station, Thiruvannamalai District - 608 201.

4.The Judicial Magistrate, Thiruvannamalai.

+1cc to Mr.B.Lenin Balu, Advocate Sr.43715 +1cc to the Government Pleader sr.43992 W.P.No.14504 of 2019 svi[co] srg 22/05/2019