K.Pavunroja v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2019 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.12635 of 2019 K.Pavunroja ... Petitioner Vs.
1. The Revenue Divisional Officer, Pudukottai, Pudukottai District.
2. The Inspector of Police, Karambakudi Police Station, Pudukottai District.
3. The Assistant Director, Geology & Mining, Collectorate, Pudukottai .
... 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 JCB bearing Registration No.TN 63 BA 1113 seized by the respondents within a time stipulated by this Court.
For Petitioner : Mr.M.Murugan For Respondents : Mr.S.Dhayalan, Government Advocate
ORDER
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 learned counsel appearing for the writ petitioner submits that the petitioner's vehicle was not involved in removing any river sand.
3.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 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.50,000/- 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 https://hcservices.ecourts.gov.in/hcservices/
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.
4.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. This writ petition is allowed on these terms. No costs. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS ) Skm To 1.The Revenue Divisional Officer, Pudukottai, Pudukkottai District.
2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.
3.The Assistant Director, Geology & Mining, Collectorate, Pudukkottai.
Copy To:
The Officer incharge, District Mineral Foundation Trust, Pudukkottai District.
+1cc to SPL GP (SR - 66423(F) dated 30/05/2019) WP(MD)No.12635 of 2019 29.05.2019 https://hcservices.ecourts.gov.in/hcservices/ CS: (04.06.2019)2P 6C