Vaijayanthi v. The Asst Director

1 W.P.(MD)NO.8804 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8804 of 2020 Vaijayanthi ... Petitioner Vs.

1. The Assistant Director, Mines and Minerals Department, Office of the Collectorate, Pudukottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukottai District.

3. The Tahsildar, Kulathur Post and Taluk, Pudukottai District.

4. The Sub Inspector of Police, Annavasal Police Station, Pudukottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's Tipper Lorry bearing registration No.TN 63 AZ 9101.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.C.Ramar Additional Government Pleader.

O R D E R

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 petition mentioned vehicle was seized in connection with the alleged illegal transportation of rough stones. 3.The learned Additional Government Pleader appearing for the respondents states that till date no First Information Report has been registered. The enquiry in this regard is still pending.

4. The petitioner's counsel gives an undertaking that the petitioner will see to it that the vehicle is not involved in any other offences of similar nature. The vehicle will be produced before the authority or the Court concerned as and when required. 1/6

2 W.P.(MD)NO.8804 OF 2020 The learned counsel appearing for the petitioner states that the vehicle will not be alienated.

5. The submission of the learned counsel for the petitioner is placed on record. If the undertaking given before this Court is breached, the benefit of this order will stand recalled and the vehicle in question will be taken back to custody and it will be released only after getting orders from this Court on such terms as this Court may deem it fit to impose.

6. I am of the view that keeping the petition mentioned vehicle in the custody of the respondents is not going to serve any purpose. The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:- "17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

7. Therefore, the respondents are directed to release the said vehicle subject to the following conditions:- a) The petitioner is directed to take a Demand Draft for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the Officer-in-Charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, in S.B.A/c.No.496037387 and IFSC : IDIB000H040 in Indian Bank, High Court Branch, Madurai. It will be a non refundable payment. The Registrar (Judicial) is directed to ensure that the said sum is withdrawn immediately and spent for the welfare of the Advocates' Clerks associated with the Madurai Bench of Madras High Court, Madurai.

b) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed. c) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle.

d) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and she shall cooperate with the enquiry to be conducted by the respondents.

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3 W.P.(MD)NO.8804 OF 2020

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg.

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Assistant Director, Mines and Minerals Department, Office of the Collectorate, Pudukottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukottai District.

3. The Tahsildar, Kulathur Post and Taluk, Pudukottai District.

4. The Sub Inspector of Police, Annavasal Police Station, Pudukottai District. COPY TO:

1.The Registrar, (Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Officer in-charge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.Spl.GP ( SR-13732[F] dated 06/08/2020 ) W.P.(MD)No.8804 of 2020 05.08.2020 SMA/06/08/2020/3P/8C 3/6