Arumugam v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arumugam ... Petitioner Vs.
1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Tiruvadanai Taluk Office, Ramanathapuram District.
3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
(Crime No.147 of 2020) 4.The Assistant Director of Geology and Mining, Ramanathapuram, Ramanathapuram District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-31-AX-0153 from his custody and to hand over the above vehicle to the petitioner forthwith, by considering the petitioner's representation dated 25.08.2020. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.M.Rajarajan 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 case is still under investigation. I am of the view that so 1/3
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 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 this Court that the petitioner is having one previous case in same nature. 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 subject to the following conditions:- a) The petitioner is directed to pay a sum of Rs.
50,000/- (Rupees Fifty Thousand only) in favour of the Officerin-Charge, 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) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. d) 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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6. The Writ Petition is allowed accordingly. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) dss/rmi 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 Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Tiruvadanai Taluk Office, Ramanathapuram District.
3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
4.The Assistant Director of Geology and Mining, Ramanathapuram, Ramanathapuram District.
Copy to :
1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
2.The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.M.S. JEYAKARTHIK, Advocate ( SR-16177 [F] dated 08/09/2020 ) +1 CC to SGP ( SR-16233[F] dated 08/09/2020 ) 07.09.2020 KM (11.09.2020) 3P 9C 3/3