M.Saravanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.10215, 10216, 10218 to 10220, 10222 & 10223 of 2020 M.Saravanan ... Petitioner in WP(MD). 10215/ 2020 M.Kalaiselvan ... Petitioner in WP(MD). 10216/ 2020 M.Sankarandi ... Petitioner in WP(MD). 10218/ 2020 P.Elangovan ... Petitioner in WP(MD). 10219/ 2020 R.Muruganantham ... Petitioner in WP(MD). 10220/ 2020 A.Manoharan ... Petitioner in WP(MD). 10222/ 2020 K.Archunan ... Petitioner in WP(MD). 10223/ 2020 Vs.

1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Karur Division, Karur.

3.The Assistant Director, Geology and Mines Department, Karur District.

4.The Inspector of Police, Vangal Police Station, Karur District.

... Respondents in all Petitions Common Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to release the bullock-cart seized by the 4th respondent on 16.08.2020.

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For Petitioner in all petitions : Mr.S.Gokulraj For Respondents in all petitions : Mr.P.Mahendran Additional Government Pleader COMMON O R D E R Heard the learned counsel on either side. By consent of both parties, these writ petitions are taken up for final disposal at the admission stage itself.

2. The petition mentioned vehicles were seized in connection with alleged illegal transportation of sand. 3.The learned Additional 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 vehicle.

4. The petitioners' counsel gives an undertaking that the petitioners 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 petitioners states that the vehicles will not be alienated.

5. The submission of the learned counsel for the petitioners 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.

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7.Therefore, the respondents are directed to release the vehicles in question forthwith and without any delay. If the undertaking given by the petitioners is breached, the petitioners will not be entitled to interim release of the vehicles in future. The Writ Petitions are 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, Karur District, Karur.

2.The Revenue Divisional Officer, Karur Division, Karur.

3.The Assistant Director, Geology and Mines Department, Karur District.

4.The Inspector of Police, Vangal Police Station, Karur District.

+7 CC to M/s.Special Govt.Pleader ( SR-15264, 15266 15268, 15269, 15271, 15273 & 15275 W.P.(MD)Nos.10215, 10216, 10218 to 10220, 10222 & 10223 of 2020 27.08.2020 dss/ias SDS (03.09.2020) 3P-12C 3/3