S.Joseph, v. The Revenue Divisional Officer

pBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5905 of 2019 S.Joseph ... Petitioner Vs 1.The Revenue Divisional Officer, 2.The Tahsildar, Thirumayam Taluk, 3.Assistant Director, Mines and Minerals Department, 4.The Inspector of Police, Thirumayam Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle i.e Tipper Lorry bearing Registration No. TN 55J-8889 seized by the second respondent on 23.09.2018 on the basis of the petitioner's representation, dated 06.03.2019.

For Petitioner : Mr.S.Prabha For Respondents : Mr.R.Sethuraman Special Government Pleader

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 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. 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 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.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 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. 5.The writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar Ls/rj2 To 1.The Revenue Divisional Officer, 2.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

3.Assistant Director, Mines and Minerals Department, 4.The Inspector of Police, Thirumayam Police Station, +1CC to Mrs.S.PRABHA , Advocate SR.No.54030.

+1CC to The Special Government Pleader SR.No. 54004. W.P.(MD)No.5905 of 2019 DS/ /SAR- (19.03.2019) 3P 7C