G.Karikalan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5947 of 2019 G.Karikalan ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director of Mines and Minerals, Ramanathapuram District, Ramanathapuram.
3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
4.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
5.The Inspector of Police, Kenikarai police station, Ramanathapuram District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fifth respondent to release the petitioner's Tractor vehicle bearing registration No.TN 65 AH 2517 and Trailor bearing registration No.TN 65 E 9649, within a stipulated time frame fixed by this Court.
For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.K.Mu.Muthu Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2.The petition mentioned vehicle was seized by the fifth respondent police on the ground that it was involved in illegal transportation of sand on 02.03.2019. In this regard, a criminal case has also been registered. The petitioner, without prejudice to his contention, is willing to deposit a sum of Rs.25,000/- to the concerned District Mineral Foundation Trust. Upon proof of payment, the fifth respondent is directed to return the vehicle to the petitioner forthwith and without any delay.
3.The learned counsel for the petitioner strongly contended that the vehicle in question was not involved in any illegal activities. According to him, it was in a stationary condition. He would allege that the police themselves have filled the trailer or https://hcservices.ecourts.gov.in/hcservices/
the tractor with sand and fabricated this case against the petitioner. In this regard, the local villagers have given a joint complaint. It is enclosed at page number-8 of the typed set of papers. The learned counsel for the petitioner would further allege that when employing the JCB, sand was being loaded into the trailer, a police man is said to have been present and he was in mufti. 4.Therefore, the issue calls for an enquiry by the third respondent. The third respondent is directed to enquire into the representation dated 06.03.2019 which is enclosed at page no.10 of the typed set of papers.
5.If at the end of the enquiry, the petitioner's innocence is established, the First Information Report registered against the petitioner can be dropped by the respondent and the amount of Rs.25,000/- deposited by the petitioner can be withdrawn by him. 6.Accordingly, this writ is allowed on these terms. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director of Mines and Minerals, Ramanathapuram District, Ramanathapuram.
3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
4.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
5.The Inspector of Police, Kenikarai police station, Ramanathapuram District.
+1cc to Mr.J.Jeyakumaran ,Advocate, SR.No.53767 +1cc to Special Government Pleader, SR.No.53982 W.P.(MD)No.5947 of 2019 13.03.2019 https://hcservices.ecourts.gov.in/hcservices/ SP/14.03.2019/ 2P/8C