M. Prakash v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.24884 of 2019 M.Prakash

...Petitioner

Vs 1.The Revenue Divisional Officer, RDO Building, Ranipet, Vellore District.

2.The Inspector of Police, Valapandal Police Station, Valapandal,Vellore District.

...

Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent herein to consider petitioner's representation dated 10.08.2019 requesting to release his vehicle Ashok Leyland Tipper bearing Registration Number TN-20 : AZ-5827 *having purchased the same from its erstwhile owner Mr.S.Venkatesan and the same was seized under the Crime No.240 of 2019 and to hand over the same to the petitioner within a stipulated time frame fixed by this Hon'ble Court. For Petitioner :

Mr.S.P.Arthi 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 the second respondent herein to consider petitioner's representation dated 10.08.2019 requesting to release his vehicle Ashok Leyland Tipper bearing its Registration Number TN-20 : AZ-5827 seized under the Crime No.240 of 2019 and to hand over the same to the petitioner within a stipulated time.

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 river sand 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 river sand and hence, the vehicle was seized. He would further submit that petitioner is having *no previous cases.

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)Since the petitioner has *no previous cases, petitioner shall deposit a sum of *Rs.50,000/-(Rupees Fifty Thousand Only) before the jurisdictional Tahsildar concerned as nonrefundable 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/- Asst.Registrar (CS II ) *Corrected as per the order of this Court dated 04/10/2019 made in WP.No.24884/2019 -s/dAssistant Registrar(CO) dt 12/09/2019 *Amended as per order dated 27.1.2020 made in WMP.NO.31182/19 IN No.24884 of 2019.

-s/dAssistant Registrar(IX) dt.16.10.2019 /true copy/ Sub Assistant Registrar vv To 1.The Revenue Divisional Officer, To be Substituted to this RDO Building, Ranipet, order already despatched on Vellore District.

27/09/2019.

2.The Inspector of Police, To be Substituted to this Valapandal Police Station, order already despatched on Valapandal,Vellore District.

16.10.2019.

+1cc to Mr.S.P.Arthi Advocate, S.R.No.*85245 Writ Petition No.24884 of 2019 PP(CO) CB(16/09/2019) aa 14/10/2019 A.SK(29/01/2020)