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Madras High CourtWP(MD)/10380/2020allowed

M. Mahesh Aravinth v. The Asst.Director Of Geology And Mining

2020-08-28Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Mahesh Aravinth ... Petitioner Vs.

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

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

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

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to release the petitioner's Lorry bearing Registration No.TN-28-AK-3026 seized by the 3rd respondent on 23.09.2019 to the petitioner.

For Petitioner : Mr.T.Lenin Kumar 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, this writ petition is taken up for final disposal at the admission stage itself.

2. The petition mentioned vehicle was seized in connection with alleged illegal transportation of sand.

3. The learned Special 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.

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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 petitioner's counsel for the petitioner submitted that the vehicle was seized one year back and that it has been in the custody of the respondents. Hence, I am of the view that the condition regarding payment of cost can be dispensed with in this case. He further submitted that the petitioner is only an agreement holder. His name is not shown in RC Book. However, he is in possession of the original R.C.Book. Therefore, the respondents are directed to return the vehicle to the petitioner if the R.C.Book does not show the petitioner's name.

8. Therefore, the respondents are directed to release the said vehicle subject to the following conditions:- a) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed. b) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. 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.

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9.The Writ Petition is allowed accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) dss/tsg 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. To:

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

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

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

+1 CC to M/s.GP ( SR-15446[F] dated 31/08/2020 ) 28.08.2020 SCR(CO) TR(04.09.2020) 3P 5C 3/3