P.Boopalan v. The Tashildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C. SARAVANAN Writ Petition No.14700 of 2019 Mr.P.Boopalan, S/o. Perumal
...Petitioner
Vs
1. The Tashildar, Vembakkam Taluk, Thiruvannamalai District.
2. The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.
3. State Rep By Inspector of Police, Dhusi Police Station, 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 herein to release the vehicle namely BOLERO, MAHINDRA & MAHINDRA LTD bearing Registration No.TN-25-AU-3273 seized on 26.08.2018 forthwith.
For Petitioner :
Mr.A.Saranraj For Respondents :
Mr.K.S. Suresh Government Advocate *****
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 herein to release the vehicle namely BOLERO, MAHINDRA & MAHINDRA LTD bearing Registration No.TN-25-AU-3273 seized on 26.08.2018 forthwith.
2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.
3. According to the petitioner, the third respondent has seized the vehicle in question on 26.08.2018 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 respondents. Hence, he has come forward with the present Writ Petition.
4. On the other hand, it is submitted by learned Government Advocate for the respondents 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 second 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 second 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 second respondent.
With the above observations and directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gm To
1. The Tashildar, Vembakkam Taluk, Thiruvannamalai District.
2. The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.
3. Inspector of Police, Dhusi Police Station, Thiruvannamalai District.
+1 cc to Mr.A.Saranraj, Advocate, S.R.No.45750 +1 cc to the Government Pleader, S.R.No.46912 Writ Petition No.14700 of 2019 (CO) SSM(14/06/2019)