Veerapathiran v. The Assistant Director Of Geology And Mining,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Veerapathiran ... Petitioner Vs.
1.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.
2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.
3.The Inspector of Police, Aranthangi 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 bullock cart seized by the third respondent on 19.08.2020 to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.P.Mahendran 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 by in connection with the alleged illegal transportation of sand.
3. The learned Additional Government Pleader states that even though the criminal case has been registered, the vehicle in question is yet to be produced before the jurisdictional Court. The case is still under investigation. I am of the view that so long as the vehicle has not been produced before the Jurisdictional Court, the Writ Court will always have the power to direct for the release of the vehicle.
4. I am of the view that keeping the petition mentioned vehicle in the custody of the respondents is not going to serve 1/3
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."
5. The learned Additional Government Pleader informs the Court that the petitioner is having one previous case of the same nature. The bullock cart was also involved previously. I was not inclined to grant relief to the petitioner. Thereupon, the petitioner's counsel on instructions gives an undertaking before this Court that the petitioner will see to it that the vehicle will never ever get involved in the case of similar nature. If the undertaking is breached, this order will stand recalled and the vehicle will be taken back to the custody. I am granting relief to the petitioner based on the undertaking given by the petitioner. Therefore, the respondents are directed to release the said vehicle forthwith and without any delay to the petitioner.
6. 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) tsg/dss Note: In view of the present lock down owing to COVID19 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. 2/3
To:
1.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.
2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.
3.The Inspector of Police, Aranthangi Police Station, Pudukottai District.
+1 CC to M/s.GP ( SR-15429[F] dated 31/08/2020 ) 28.08.2020 avs(CO) TR(08.09.2020) 3P 5C 3/3