Sekar v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Sekar ... Petitioner Vs.

1) The Assistant Director, Mines and Minerals, Virudhunagar District.

2) The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3) The Sub-Inspector of Police, Sollakarai Police Station, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to release the petitioner's tractor and trailer bearing Registration Nos.TN 67 Q 9060, TN 67 E 4108 and two wheeler bearing registration No.TN 67 BC 1104 within the time stipulated by this Court. For Petitioner : Mr.M.Jothibasu For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader ******

O R D E R

Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the 2nd respondent to 1/3

release the petitioner's tractor and trailer bearing Registration Nos.TN 67 Q 9060, TN 67 E 4108 and two wheeler bearing registration No.TN 67 BC 1104 within the time stipulated by this Court.

4. According to the petitioner, even though he had plied the aforesaid vehicles with all relevant documents, the third respondent has seized the vehicles.

5. On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicles were seized as the same was plied without valid papers for transporting one unit of sand.

6. In any event, as the vehicles are under the custody of the 3rd respondent having been seized on 31.05.2019 and considering the fact that if the vehicles are allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, pending proceedings before the respondents, this Court is of the view that the vehicles can be released by imposing certain conditions on the petitioner for release of the aforesaid vehicles.

7. Accordingly, the second respondent is directed to release the vehicles in question to the petitioner within a period of seven days from the date of receipt of a copy of this order subject to the following conditions:

"(i) The petitioner shall produce documents before the second respondent under whose custody the vehicles are kept, to establish the ownership of the vehicle in question;

(ii) The petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) for the vehicles before the second respondent herein;

(iii) The petitioner shall give an undertaking that he will not use the vehicles for any illegal activities in future and shall produce the same as and when required by the respondents;

(iv) On doing so, the vehicles in question shall be returned to the petitioner;

(v) The petitioner shall not alienate the vehicles in question till the disposal of the proceedings before the authority concerned;

(vi) The second respondent is directed to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order; and 2/3

(vii) The petitioner is also directed to participate in the enquiry to be conducted by the second respondent."

8. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sts To:

1) The Assistant Director, Mines and Minerals, Virudhunagar District.

2) The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3) The Sub-Inspector of Police, Sollakarai Police Station, Virudhunagar District.

+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-5088[F] dated 06/02/2020 ) +1 CC to SPL GP ( SR-5231[F] dated 07/02/2020 ) Order made in 06.02.2020 VB(02.03.2020) 3P 6C 3/3