R.Manikandan v. State Rep. By The.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.14590 of 2019 R.Manikandan ... Petitioner Vs.

Inspector of Police, Kandamangalam Police Station, Villupuram District ... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondent to release the [Ashok Leyland] Tipper Lorry Goods Carrier bearing Registration No.TN-57-AD-5905,Chase No.MB1G3 DYC3BHRC6851 and Engine No. RBH702742, seized by the respondent, to the petitioner.

For Petitioner : Mr.A.T.Anbukumar For Respondent : 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 respondent to release the petitioner's [Ashok Leyland] Tipper Lorry Goods Carrier bearing Registration No.TN-57-AD-5905 seized by the respondent on 12.05.2019.

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

3. According to the petitioner, respondent has seized the vehicle in question on 12.05.2019 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 Additional Government Pleader for the respondent that the vehicle in question was used for illegal transportation 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 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 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 respondent is 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.50,000/- (Rupees Fifty 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 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 respondent.

7. With the above observations and directions, this Writ Petition is disposed of. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar ssd

To Inspector of Police, Kandamangalam Police Station, Villupuram District +1 cc to the Government Pleader, S.R.No.44028 W.P.No.14590 of 2019 RJI(CO) SSM(22/05/2019)