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Madras High CourtWP(MD)/9485/2020allowed

Panumathi v. The District Collector

2020-08-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Panumathi ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Assistant Director, Department of Mines and Minerals, Ramanathapuram District.

3.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram 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 Tractor TN 65 AF 1130 with trailer TN 65 F 2110 and the Honda Shine Motor bike TN 65 AH 0923 from the custody of the respondents in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mrs.S.Srimathy Special Government Pleader

O R D E R

Heard the learned counsel on either side. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petition mentioned vehicles were seized in connection with the alleged illegal transportation of sand.

3. The learned Special Government Pleader states that even though the criminal case has been registered, the vehicles in question are yet to be produced before the jurisdictional Court. The case is still under investigation. I am of the view that so long as the vehicles have not been produced before the Jurisdictional Court, the Writ Court will always have the power to direct for the release of the vehicles.

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4. The petitioner's counsel gives an undertaking that the petitioner will see to it that the vehicles are not involved in any other offences of similar nature. The vehicles will be produced before the authority or the Court concerned as and when required. The learned counsel appearing for the petitioner states that the vehicles 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 vehicles 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 vehicles 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 vehicles subject to the following conditions:- a) The petitioner is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five 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, IFSC : IDIB000H040, Indian Bank, High Court Branch, Madurai. It will be a non-refundable payment. The Registrar (Judicial) is directed to spend the amount for the welfare of the Advocates' Clerks associated with the District Court in Madurai District. b) The petitioner shall not alienate or encumber the vehicles in question till the proceedings are completed. c) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicles.

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

8. Upon completion of these formalities, the respondents shall release the vehicles forthwith and without any delay. If this 2/3

undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicles in future. The Writ Petition is allowed accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: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 District Collector, office of the District Collector, Ramanathapuram District.

2.The Assistant Director, Department of Mines and Minerals, Ramanathapuram District.

3.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

Copy to:

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

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

+1 CC to M/s.Special Govt.Pleader ( SR-14513[F] dated 20/08/2020 ) 18.08.2020 tsg SDS (25.08.2020) 3P-7C 3/3