S.Nagaboosanam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.18519 of 2019 S. Nagaboosanam

...Petitioner

Vs 1.The District Collector, Thiruvallur District Office, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur District Office, Thiruvallur District.

3.The Inspector of police, Manavalanagar Police Station, Manavalanagar.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent herein to release petitioner's heavy vehicle (Lorry-Ashok Leyland) bearing Registration Number TN-21-AU-4053 seized by the third respondent on 13.06.2019 forthwith to the petitioner based on his representation dated 18.06.2019.

For Petitioner :

Mr.R.Rajasekaran For Respondents:

Mr.V. Shanmuga Sundar 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 third respondent herein to release petitioner's heavy vehicle (LorryAshok Leyland) bearing Registration Number TN-21-AU-4053 seized by the third respondent on 13.06.2019 forthwith to the petitioner based on his representation dated 18.06.2019.

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

3. According to the petitioner, the respondents have seized the vehicle in question on 13.06.2019 on the ground of illegal carrying of 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 the respondents that the vehicle in question was used for illegal transportation of mines and minerals like sand and 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 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/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar smn To.

1.The District Collector, Thiruvallur District Office, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur District Office, Thiruvallur District.

3.The Inspector of police, Manavalanagar Police Station, Manavalanagar.

+1cc to Mr.R.Rajasekaran, Advocate, S.R.No.55377 +1cc to the Government Pleader, S.R.No.56485 Crl.O.P.No.18519 of 2019 VG II(CO) RRS(09/07/2019)