R. Selvam v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.11590 of 2019 S.Selvam ... Petitioner vs.

1. The Revenue Divisional Officer Usilampatti, Madurai District

2. The Special Sub-Inspector of Police Usilampatti Taluk Police Station Madurai District

3. The Assistant Director Department of Mines and Minerals Collectorate, Madurai ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to release the Tractor bearing registration No.TN25 AC7439 and its Trailer having registration No.TN60 T0699 on the condition as deemed fit and proper to the circumstances of the case within a stipulated time.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.S.Dhayalan Government Advocate

O R D E R

Heard the learned counsel on either side.

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

3. The petitioner's vehicle was seized in connection with illegal transportation of sand. The enquiry in this regard is still pending. The learned counsel for the petitioner affirms before this Court that the petitioner's vehicle was not involved in any previous incident of sand theft or illegal transportation of sand.

4. The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are

directed to release the said vehicle subject to the following conditions:- (a) The petitioner shall deposit a sum of (*) Rs.25,000/- (Rupees Twenty five thousand only) to the concerned District Mineral Foundation Trust. He shall execute an affidavit of undertaking that he shall not involve in any offence in future that may lead to the seizure of the vehicle in question. The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

(b) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

(c) This order for release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of concerned Criminal Court of appropriate jurisdiction, then, option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law.

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

5. Upon completion of these formalities, the respondents shall release the vehicle forthwith without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future.

6. The writ petition is allowed accordingly. There shall be no order as to costs.

sd/ Vacation Officer (AE) Corrected order as per order of this Court, dated 30.05.2019 sd/ Vacation Officer (Crl.side) /True Copy/ Sub Assistant Registrar

To To be substituted to the order already despatched on 17.05.2019

1. The Revenue Divisional Officer, Usilampatti, Madurai District.

2. The Special Sub-Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

3. The Assistant Director, Department of Mines and Minerals, Collectorate, Madurai.

4. The Officer In-Charge, District Mineral Foundation Trust, Madurai +1 CC to Mr.K.K.SAMY, Advocate ( SR-65556[F] dated 09/05/2019 ) +1 CC to SPL GP ( SR-65600[F] dated 09/05/2019 ) rmk/krk MK/16.05.2019/3P/7C KM/31.05.2019/3P/7C W.P.(MD) No.11590 of 2019 08.05.2019