D.Premkumar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.01.2019

CORAM

THE HON'BLE MR JUSTIVE M. SATHYANARYANAN AND THE HONOURABLE MR. JUSTICE P. RAJAMANICKAM W.P.No.32819 of 2018 WMP No.38029 of 2018 D. Premkumar ... Petitioner Vs

1. The Revenue Divisional Officer, Ponneri

2. The Assistant Director of Geology of Mining, O/o District Collector, Tiruvallur

3. The Tahsildar, Taluk Office, Gummidipoondi ... Respondents Writ Petition filed under Article 226 of Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to release the petitioner's vehicles bearing Registration No.TN 18H 1117 and TN 18Q 3299 forthwith and directed to pay adequate compensation to the petitioner for illegal custody of the vehicle.

For petitioner : Mr.M. Muthappan For respondents: Mr.E. Manoharan AGP

ORDER

(Order of the Court was made by M. SATHYANARAYANAN,J.,) By consent, this Writ Petition is taken up for final disposal.

2. The petitioner claims to be the owner of the Heavy vehicles (Lorry) bearing Registration No.TN 18H 1117 and TN 18Q 3299 and the vehicles were engaged for transporting Silica sands which is used as raw material for cast iron Industries from Nellore District of Andhra Pradesh with valid bill of dealer and

transport permit issued by Government of Andhra Pradesh, Department of Mines and Geology. According to him, on 26.09.2018, when the said vehicles were coming near Elavoor check post , they were intercepted by Arambakkam Police Officials and the vehicles were seized on the ground that the said vehicles have been used for illegal transportation of Sililca sands.

3. The learned counsel appearing for the petitioner would submit that since the vehicles were engaged for the purpose of transportation, he was unaware that Silica sands have been transported illegally and only after seizure of the vehicle, he became aware of the said fact. The learned counsel appearing for the petitioner would further submit that the petitioner is eking out his livelihood out of the income earned from operating the lorry and since the vehicle has been seized as early as on 26.09.2018 and parked in open space, there is likelihood of getting rusted or damaged on account of vagaries of weather, and hence, the petitioner is left with no other alternative except to approach this Court by filing this writ petition and therefore, prays for appropriate direction for release of the said vehicles.

4. Per contra, Mr.E.Manoharan, learned Additional Government Pleader, who accepts notice on behalf of the respondents, would submit that since the petitioner's vehicles have been used for illegal transportation of Silica sands, it cannot be released and prays for dismissal of this writ petition.

5. This Court has considered the rival submissions and also perused the materials placed before it.

6. This Court, upon hearing the rival submissions and on going through the materials, especially the averments made in the affidavit filed in support of this writ petition, is inclined to order the release of the vehicles, in question, by way of interim custody to the petitioner, subject to the following conditions:

(i)The petitioner shall produce relevant documents before the respondent to establish the ownership of the vehicles in question;

(ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten Thousand Only) each to the satisfaction of the respondents.

(iii) The petitioner shall give an undertaking that he will not use the vehicles for any other illegal/unlawful activities in future and he will not alienate/encumber the vehicles in question till the disposal of the proceedings before the authority concerned and he will produce the same as and when required by the respondents/jurisdictional

police/jurisdictional Magistrate.

(iv) The petitioner shall also execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only)each with two sureties in a like sum to the satisfaction of the respondents.

8. On complying with the conditions imposed in this writ petition, the respondent is directed to release the Heavy vehicles (Lorry) bearing Registration No.TN 18H 1117 and TN 18Q 3299 to the petitioner forthwith. In case of violation of any of the conditions aforesaid, it is open to the respondents to initiate appropriate action for seizure of the vehicle;

9. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar sr To

1. The Revenue Divisional Officer, Ponneri

2. The Assistant Director of Geology of Mining, O/o District Collector, Tiruvallur

3. The Tahsildar, Taluk Office, Gummidipoondi +1 CC to Mr.Muthappan, Advocate sr 7368.

+1 CC to Govt. Pleader sr 7256.

W.P.No.32819 of 2018 PP(CO) SP(29/01/2019)