Thirupathi Mani, v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P.(MD)No. 11961 of 2019 Thirupathi Mani ...

Petitioner Vs.

1. The Assistant Director, Mines and Minerals Department, Sivagangai District.

2. The Revenue Divisional Officer, Devakottai Taluk, Sivangangai District.

3. The Tahsildar, Singampunari Taluk, Sivagangai District.

4. The Inspector of Police, S.S. Kottai Police Station, Sivagangai District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents-1 to 3 to release the vehicle of Ashok Leyland Heavy Goods Open Tipper bearing registration No.TN-48-K-1540 of the petitioner, which was seized by the third respondent on 08.05.2019. For Petitioner : Mr.S. Saravanakumar For Respondents : Mrs.J. Padmavathi Devi

O R D E R

This Writ Petition has been filed for a direction to the respondents to release the Petitioner's vehicle ie., Tipper Lorry bearing registration No. TN-48-K-1540.

2. Heard the learned counsel for both sides.

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.

5 Accordingly, this Writ Petition is disposed of with the following directions.

"(i)The petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) before the second respondent;

(ii)The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle.

(iii) The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent ( as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;

(iv) On compliance of the above conditions, the fourth respondent is directed to release the seized vehicle bearing Registration No. TN-48-K-1540 to the petitioner.

(v)The second respondent is directed to pass final orders in the adjudication proceedings, if any, within a period of 45 days;

(vi)This order for the 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 the 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 and in accordance with law; and (vii)Inasmuch as the vehicle bearing Registration No. TN-48-K-1540 is seized by the third respondent on 08.05.2019, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today.

No costs.

Sd/- Vacation Officer // True Copy // Sub Assistant Registrar(CS)

To

1. The Assistant Director, Mines and Minerals Department, Sivagangai District.

2. The Revenue Divisional Officer, Devakottai Taluk, Sivangangai District.

3. The Tahsildar, Singampunari Taluk, Sivagangai District.

4. The Inspector of Police, S.S. Kottai Police Station, Sivagangai District.

+1cc to Mr.S.SARAVANAKUMAR, Advocate, SR.No.65938 +1cc to M/s.Special Government Pleader,SR.No. 66072 W.P.(MD)No. 11961 of 2019 KSA/AKV KK/SAR/21.05.2019/ 3P- 7C