Saravanan v. The Assistant Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM

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

1.The Assistant Director, Tamilnadu Mines and Minerals Department, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Inspector of Police, Aaravayal Police Station, Sivagangai 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 3rd respondent in connection with Crime No.176 of 2020 dated 14.07.2020, on the basis of the petitioner's representation dated 16.07.2020. For Petitioner : Mr.S.Balakarthick 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 1/3

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. The learned Additional Government Pleader informs the Court that the petitioner is having bad antecedents. He is said to be involved in as many as four previous cases of the same nature. 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. The Inspector of Police is strictly mandated to inform this Court if the petitioner get involved in a similar case in future so that this Court can monitor the keeping of the undertaking.

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.1,000/- (Rupees One 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. 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) 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, Tamilnadu Mines and Minerals Department, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Inspector of Police, Aaravayal Police Station, Sivagangai District.

Copy to:- Jayam Goshala, Vanathirajapuram, Mayiladuthurai, Nagapattinam District.

+1 CC to M/s.Special Govt.Pleader ( SR-17881[F] dated 23/09/2020 ) 22.09.2020 ias SDS (30.09.2020) 3P-6C 3/3