Ganesan, S/O. Mookka Gounder v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6824 of 2019 Ganesan ... Petitioner Vs 1.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.

2.The Assistant Director of Mines and Minerals, Trichy, Trichy District.

3.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

4.The Thasildar, Manapparai Taluk Office, Manapparai, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to release the petitioner's Mahindra and Mahindra Tractor bearing Registration No.TN 67 J 8886 and keeping under the custody of the 4th respondent by considering his representation, dated 16.03.2019. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 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:- a) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

b) 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.

c) 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.

5.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. 6.The Writ Petition is allowed accordingly. There shall be no order as to costs.

SD ASSISTANT REGISTRAR ( CS III ) TRUE COPY SUB ASSISTANT REGISTRAR ias

To 1.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.

2.The Assistant Director of Mines and Minerals, Trichy, Trichy District.

3.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

4.The Thasildar, Manapparai Taluk Office, Manapparai, Trichy District.

1CC TO MR.T. VADIVELAN ADVOCATE SR 56043 1CC TO THE SPL GOVT PLEADER SR 56274 DS 4/4/2019 3P:7C W.P.(MD)No.6824 of 2019