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Madras High CourtWP(MD)/12193/2020allowed

Sethu v. The Assistant Director,

2020-09-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sethu ... Petitioner Vs.

1.The Assistant Director, Department of Geology and Mining, Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, Revenue Division Office, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai 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 to the petitioner forthwith. For Petitioner : Mr.K.C.Maniyarasu 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 the 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 1/3

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. The learned Special Government Pleader informs the Court that the petitioner is having one previous case of the same nature.

4. Initially, I do not want to grant relief. The petitioner's counsel states that the petitioner would file an affidavit of undertaking to the effect that neither he nor the petition mentioned vehicle would ever get involved in any criminal case. If this undertaking given by the petitioner is breached, it is open to the respondents to bring it to my notice and I will not hesitate to recall this order and the petition mentioned vehicle also will be taken back to custody. The learned counsel appearing for the petitioner states that the vehicle will not be alienated. The petitioner's counsel on instructions states that the petitioner is willing to file an undertaking affidavit to this effect. Such an undertaking affidavit will be filed before this Court within a period of two weeks from the date of receipt of a copy of this order.

5. 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.

6. Therefore, the respondents are directed to release the said vehicle subject to the following condition:- a) The petitioner is directed to pay a sum of Rs.2,000/- (Rupees Two Thousand only) in favour of Sri Jayam Trust, A/c.No.005109000074101, IFSC : CIUB0000005, City Union Bank, Mayiladuthurai Branch. It will be a non refundable payment.

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7. Upon completion of this formality, the respondents shall release the vehicle forthwith without any delay. 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) 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 Assistant Director, Department of Geology and Mining, Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Revenue Division Office, Aranthangi, Pudukkottai District.

3. The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai District.

Copy To:

Sri Jayam Goshala, Vanathirajapuram, Mayiladuthurai, Nagapattinam District.

+1 CC to the SPL GP ( SR-17829[F] dated 23/09/2020 ) 21.09.2020 SCR(CO) CS(30.09.2020) 3P 6C 3/3