Marappagounder, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.20577 of 2019 Marappagounder

...Petitioner

Vs 1.The Superintendent of police, Erode District.

2.The Thasildhar, Gobichettipalayam 3.The Joint Director, Assistant director (i/c), Department of Geology and mining, Erode.

4.The Inspector of police, Bangalpudur Police Station, Erode 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 to release the petitioner's son Boopathi's vehicle TIPPER LORRY bearing Registration No. TN 39 AY 6464 which is in the custody of the 4th respondent by considering the petitioner's representation dated 09.07.2019 and pass orders.

For Petitioner :

Mr.D. R. Arun Kumar 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 to release the petitioner's son Boopathi's vehicle TIPPER LORRY bearing Registration No. TN 39 AY 6464 which is in the custody of the 4th respondent by considering the petitioner's representation dated 09.07.2019.

2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.

3. According to the petitioner, the respondents have seized the vehicle in question on 09.07.2019 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 Government Advocate 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(CO) //True Copy// Sub Assistant Registrar smn To 1.The Superintendent of police, Erode District.

2.The Thasildhar, Gobichettipalayam.

3.The Joint Director, Assistant director (i/c), Department of Geology and mining,Erode.

4.The Inspector of police, Bangalpudur Police Station, Erode District.

5.The Tahsildar, Erode District.

6.The Chief Judicial Magistrate, Erode.

+1cc to Mr.D.R.Arunkumar, Advocate, S.R.No.59521 +1cc to the Government Pleader, S.R.No.60709 Writ Petition No.20577 of 2019 RRS(17/07/2019)