Ragothaman v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.16718 of 2019 Ragothaman S/o.Pachaiyappan

...Petitioner

Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Vellore, Vellore District.

2.The Tahsildar, Taluk Office, Vellore, Vellore District.

3.The Inspector of Police, Pallikonda Police Station, Vellore District.

... Respondents Prayer:

Writ Petition 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 vehicle viz., Ashok Leyland Tipper Lorry bearing Registration No.TN-I-4629, Chassis No.ALD 133871, Engine No.ALI 116556 and hand over to the petitioner based on his representation dated 28.05.2019. For Petitioner :

Mr.G.Nirmal Krishnan For Respondents:

Mr.V.Shanmuga Sundar Special Government Pleader *****

O R D E R

[Order was delivered by R.SUBBIAH,J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the petitioner's vehicle viz., Ashok Leyland Tipper Lorry bearing Registration No.TN-I-4629, Chassis No.ALD 133871, Engine No.ALI 116556, seized by third respondent on 30.12.2018 based on his representation dated 28.05.2019.

2. Heard learned counsel for petitioner and learned Special Government Pleader for respondents.

3. According to petitioner, respondents have seized the vehicle in question on 30.12.2018 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 Special Government Pleader for 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 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)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)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 vehicle 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, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gm To 1.The Revenue Divisional Officer, Revenue Divisional Office, Vellore, Vellore District.

2.The Tahsildar, Taluk Office, Vellore, Vellore District.

3.The Inspector of Police, Pallikonda Police Station, Vellore District.

+1cc to Mr.G.Nirmal Krishnan , Advocate SR.No. 49233 +1 cc to Government Pleader Sr.No. 50193 Writ Petition No.16718 of 2019 A.SK(25/06/2019)