Muniyappan v. The Asst.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 Muniyappan ... Petitioner Vs.

1.The Assistant Director of Geology and Mining, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Srivilliputhur, Virudhunagar District.

3.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

4.The Village Administrative Officer, Vadugapatti, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release the petitioner's Tractor bearing Registration No.TN-67-L-0437 and an unregistered trailer seized by the fourth respondent on 02.12.2019 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 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 1/4

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. 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. 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. The learned counsel appearing for the petitioner would submit that the petitioner has already paid a sum of Rs.15,000/- while obtaining anticipatory bail. Taking note of the same, I am inclined to show some indulgence while fixing the quantum of cost. He further states that the petitioner is not having any RC book for the trailer and it was locally manufactured. He would further state that the registration for trailer is optional. He would further state that the petitioner is not having the original RC book for the tractor. It is said to be with the Financier. Therefore, the petitioner is permitted to produce the photo copies of the documents pertaining to the ownership of the seized vehicle. Therefore, the respondents are directed to release the said tractor along with trailer even though there is no registration for the tractor and the trailer subject to the following conditions. 2/4

a) The petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) in favour of the Officer-inCharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, 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 appropriate welfare activities such as feeding the disadvantaged communities in Madurai District.

b) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed. c) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

8. Upon completion of these formalities, the respondents shall release the vehicle forthwith and 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg/dss 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 Assistant Director of Geology and Mining, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Srivilliputhur, Virudhunagar District.

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3. The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

4. The Village Administrative Officer, Vadugapatti, Virudhunagar 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 the SPL GP SR-15431.

28.08.2020 CS(07.09.2020) 4P 8C 4/4