R.Kalimuthu, S/O.Rengaiya v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.12249 of 2019 R.Kalimuthu ... Petitioner vs 1.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

2.The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

2.The Assistant Director (Mines and Minerals), O/o. The Assistant Director(Mines and Minerals), Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to release the petitioner's vehicle i.e., Massey Ferguson Tractor bearing Chassis No.MEA62D61AK2234392, Engine No.S337 B20491.

For Petitioner : Mr.B.Saravanan For Respondents : Ms.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents herein to release the petitioner's vehicle i.e., Massey Ferguson Tractor bearing Chassis No.MEA62D61AK2234392, Engine No.S337 B20491, within the time stipulated by this Court. 2.According to the petitioner, the vehicle in question has not been used for any illegal transportation. But the second respondent has seized the same without assigning any reason and handed over to the first respondent.

3.The learned Counsel for the petitioner states that the petitioner's vehicle was not involved in any previous incident of sand theft or illegal transportation of sand. In case, the submission of the learned Counsel for the petitioner turns out to be false, the fine imposed shall be 25% in addition to the amount that has now been directed by this Court for release of vehicle.

4.The learned Special Government Pleader appearing for the respondents submitted that the vehicle in question was involved in illegal transportation of sand and hence it was seized. 5.This Court is not convinced with the statement of the learned Counsel for the petitioner that the vehicle belonging to the petitioner is not involved in any illegal transportation or illegal mining. Having regard to the fact that the loss that may be caused to the petitioner if the vehicle is allowed to be kept idle is irreparable, this Court is inclined to issue the following directions:

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

(*)(b)The petitioner is directed to produce all the documents to prove the ownership of the seized vehicle before the third respondent;

(c) The petitioner has to file an affidavit of undertaking that she 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, she will not alienate the vehicle in question till the appropriate proceedings initiated are completed;

(*)(d) On compliance of the above conditions, the third respondent is directed to release the seized vehicle bearing Chassis No.MEA62D61AK2234392, Engine No.S337 B20491, to the petitioner (if he is in custody and possession), within three days from the date of receipt of a copy of this order;

(e)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 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 (f) it is open to the respondents to initiate appropriate proceedings against the petitioner and others for the alleged violation or irregularity, which

prompted the officials to confiscate the vehicle. Depending upon the final order that may be passed by the respondents, the petitioner is also at liberty to seek refund of any excess amount paid pursuant to this order."

5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Vacation Officer/ Assistant Registrar (*)Amended as per the order of this Hon'ble Court dated 25.07.2019 Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) das/sts To (*)To be substituted the order already despatched on 27.05.2019 1.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

2.The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

3.The Assistant Director (Mines and Minerals), O/o. The Assistant Director(Mines and Minerals), Pudukkottai District.

+1CC TO MR.B.SARAVANAN, Advocate Sr. No.66201 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 66261 W.P(MD)No.12249 of 2019 22.05.2019 AVS(CO) TR (27.05.2019) 4P 6C NA(31.07.2019) 3P : 6C