Maridurai v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Maridurai ... Petitioner Vs.

1.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Assistant Director, Mines & Minerals Department, Tenkasi District.

3.The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the petitioner's Tractor along with Trailer bearing Registration No.TN 72 AB 1495 seized by the third respondent police, by considering the petitioner's representation dated 12.02.2021 within a time stipulated by this Court. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.C.Ramar, Additional Government Pleader

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petition mentioned vehicle was seized in connection with the petition mentioned crime number. The petitioner's counsel states that till date the vehicle in question has not been produced before the jurisdictional court.

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3.It has been authoritatively held by the Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) that whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. That would not only serve any purpose but also result in loss of value.

4.Notwithstanding the registration of criminal cases, the vehicle in question is yet to be produced before the jurisdictional court. Therefore, the writ court is definitely possessed of the power to direct release of the vehicle. Neither the petitioner nor the vehicle is involved in any previous case of the same nature. The learned counsel for the petitioner undertakes to remit a sum of Rs.20,000/- as non refundable cost. 5.Shri.K.Veera Raghava Rao, I.A.S., Director of Employment and Training is presently working out a module for imparting training to visually impaired persons in type writing and stenography. The candidates will have to buy laptop and also type machine in braille system. The course may also involve expenditure. Since to enable the aforesaid Government Department to conduct the said programme so that at least some of the visually challenged persons can stand on their own feet with dignity, the Registrar (Administration) shall utilize the amount now directed to be deposited for the aforesaid purpose.

6.I direct release of the petition mentioned vehicle subject to the following conditions :

a) The petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the account of the Registrar (Administration), Madurai Bench of the Madras High Court, Madurai to be opened for this purpose. It will be a non refundable payment.

b) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

c) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. If the petitioner concerned is an agreement holder and the R.C book is with the financier, he or she can be permitted to produce the photocopies of the relevant documents and if the vehicle is a new one, sales invoice can be produced.

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d) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and shall cooperate with the enquiry to be conducted by the respondents.

7.After completion of the aforesaid formalities, the respondents shall release the petition mentioned vehicle forthwith without any delay. If the undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future and the order passed by this Court will stand recalled and the vehicle in question will be taken back to custody and it will be released only after getting orders from this Court on such terms as this Court may deem it fit to impose. 8.The Writ Petition is allowed accordingly.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Assistant Director, Mines & Minerals Department, Tenkasi District.

3.The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

4.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

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Copy to :

The Registrar (Administration), Madurai Bench of the Madras High Court, Madurai.

19.02.2021 KM (19.02.2021) 4P 6C 4/4