N.Sudalaimani v. The Sub Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2018
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.13720 of 2018 N.Sudalaimani ... Petitioner vs
1. The Sub Collector Thoothukudi Thoothukudi District.
2. The Tahsildar Thoothukudi Thoothukudi District.
3. The Inspector of Police Thattaparai Police Station Thoothukudi District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle i.e. Tata Motors Vehicle, Multi Axle Goods Vehicle lorry bearing registration No. TN 69 BC 0065 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.D.Selvaraj For Respondents : Mr.V.Anand Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the respondents herein to release the petitioner's Tata Motors Vehicle, Multi Axle Goods Vehicle lorry bearing registration No. TN 69 BC 0065, within the time stipulated by this Court. 2.According to the petitioner, the vehicle in question has not been used for any illegal transportation. But the second respondent has seized the same without assigning any reason and handed over to the third respondent police.
3.The learned Government Advocate appearing for the respondents submitted that the vehicle in question was involved in illegal transportation of sand and hence it was seized. 4.This Court is not convinced with the statement of the learned Counsel for the petitioner that the vehicle belonging to the petitioner is not involved in any illegal transportation or illegal mining. Having regard to the fact that the loss that may be caused to the petitioner if the vehicle is allowed to be kept idle is irreparable, this Court is inclined to issue the following directions:
(a) The petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) in cash before the first respondent;
(b) The petitioner is directed to produce all the documents to prove the ownership of the seized vehicle before the first respondent;
(c) The petitioner has to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent (as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed; (d) On compliance of the above conditions, the first respondent is directed to release the seized vehicle bearing Registration No. TN 69 BC 0065 to the petitioner (if he is in custody and possession), within three days from the date of receipt of a copy of this order; (e)This order for the 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 and in accordance with law; and (f) it is open to the respondents to initiate appropriate proceedings against the petitioner and others for the alleged violation or irregularity, which prompted the officials to confiscate the vehicle. Depending upon the final order that may be passed by the respondents, the petitioner is also at liberty to seek refund of any excess amount paid pursuant to this order."
5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The Sub Collector Thoothukudi Thoothukudi District.
2. The Tahsildar Thoothukudi Thoothukudi District.
3. The Inspector of Police Thattaparai Police Station Thoothukudi District.
Aav AE/SV/SAR2/05.07.2018/3P/4C W.P(MD)No.13720 of 2018 29.06.2018