Ponkiya Goundar, v. The Assistant Geologist And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.20020 of 2019 Ponkiya Goundar

...Petitioner

Vs

1. The Assistant Geologist and Assistant Director,(i/c), Geology and Mining Department, District Collector Office, Salem District.

2. The Special Thasildar,(Mines), Salem-636 001.

3. The Village Administrative Officer, Udayapatti, Salem Taluk and District.

.. Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to release the petitioner's LMV-Tractor (Escorts Ltd) Registered No.TAI 522 and fitted with Air Compressor which were seized by the first respondent on 22.06.2019 and kept under the custody of the third respondent by considering the petitioner's representation dated 04.07.2019 sent on 08.07.2019.

For Petitioner :

Mr.P.Jagadeesan For Respondents:

Mr.E.Bala Murugan 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 the respondent to release the petitioner's LMV-Tractor

(Escorts Ltd) Registered No.TAI 522 and fitted with Air Compressor which were seized by the first respondent on 22.06.2019 and kept under the custody of the third respondent by considering the petitioner's representation dated 04.07.2019 sent on 08.07.2019.

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

3. Learned counsel for petitioner submits that respondents have seized the vehicle in question on the ground of illegal carrying of rough stones and till date, no order for release of the said vehicle had been passed by 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 rough stones 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.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)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(insp) //True Copy// Sub Assistant Registrar vv To

1. The Assistant Geologist and Assistant Director,(i/c), Geology and Mining Department, District Collector Office, Salem District.

2. The Special Thasildar,(Mines), Salem-636 001.

3. The Village Administrative Officer, Udayapatti, Salem Taluk and District.

+1cc to Mr.P.Jagadeesan , Advocate SR.No. 58642 Writ Petition No.20020 of 2019 A.SK(25/07/2019)