V.Kannan v. The Assistant Geologists,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.17487 of 2019 V.Kannan

...Petitioner

Vs

1. The Assistant Geologists O/o.Deputy Director, Geology and Mines Department, Cuddalore.

2. The Thasildar, Vridhachalam Taluk, Cuddalore District.

3. The Special Sub-Inspector of Police, Aladi Police Station, Cuddalore 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 petitioner's JCB 3DX Backhoe Loader in the petitioner's name bearing Registration No.TN-15-B-1356 seized by the first respondent on 12.06.2019 and to hand over the same to the petitioner forthwith. For Petitioner :

Mr.S.Saravana Kumar For Respondents :

Mr.E.Balamurugan Special Government Pleader

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 petitioner's JCB 3DX Backhoe Loader in the petitioner's name bearing Registration No.TN-15-B-1356 seized by the first respondent on 12.06.2019 and to hand over the same to the petitioner forthwith.

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

3. According to the petitioner, the first respondent has seized the vehicle in question on 12.06.2019 on the ground of illegal carrying of pebbles, 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 pebbles and hence, the vehicle was seized. He would further submit 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 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.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/- Joint Registrar (Judicial) //True Copy// Sub Assistant Registrar av To

1. The Assistant Geologists O/o.Deputy Director, Geology and Mines Department, Cuddalore.

2. The Thasildar, Vridhachalam Taluk, Cuddalore District.

3. The Special Sub-Inspector of Police, Aladi Police Station, Cuddalore District.

4. The Judicial Magistrate, Cuddalore District.

+1 cc to M/s.S.Saravana Kumar, Advocate, S.R.No.52220 +1 cc to the Government Pleader, S.R.No.52329 Writ Petition No.17487 of 2019 NRL(CO) SSM(05/07/2019).