Murali v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition No.25956 of 2019 Murali

...Petitioner

Vs

1. The Assistant Director, Geography and Mining, O/o. Collector Office, Vellore Taluk, Vellore District.

2. The Tahsildar, O/o. Tahsildar Office, Gudiyatham Taluk, Vellore District.

3. The State rep. by, The Inspector of Police, Gudiyatham Taluk Police Station, 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 First and Third Respondents to release Petitioner's vehicle Swaraj Mazda Mini Lorry bearing registration No.TN-50-Z-2667 which was seized by the First Respondent.

For Petitioner :

Mr. S. Paulgnanamuthu For Respondents:

Mr.E. Balamurugan Special Government Pleader

O R D E R

[Order was made by R.SUBBIAH, J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the First and Third Respondents to release Petitioner's vehicle Swaraj Mazda Mini Lorry bearing registration No. TN-50-Z-2667 which was seized by the First Respondent.

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

3. According to petitioner, the 1st Respondent has seized vehicle in question on 17.07.2019 on the ground of illegal carrying of river 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 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 has one 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)Since petitioner has one previous case, 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.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar ebsi To

1. The Assistant Director, Geography and Mining, O/o. Collector Office, Vellore Taluk, Vellore District.

2. The Tahsildar, O/o. Tahsildar Office, Gudiyatham Taluk, Vellore District.

3. The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

+1 CC to Mr. Paulgnanamuthu, Advocate sr 75006. Writ Petition No.25956 of 2019 MG(CO) SP(23/09/2019)