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Madras High CourtWP(MD)/13399/2020allowed

Balamurugan v. The Revenue Divisional Officer,

2020-09-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2020

CORAM

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

1.The Revenue Divisional Officer, 2.The Tahsildar, 3.The Assistant Director of Mines and Geology, 4.The Inspector of Police, Abiramam Police Station, (Crime No.402 of 2020) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle namely Tipper Lorry bearing Registration No.TN 72 V 9742 and to handover the above vehicle to the petitioner within the time limit that may be stipulated by this Court, based on the petitioner's representation dated 24.09.2020. For Petitioner :Mr.T.Antony Arulraj For Respondents :Mr.S.Angappan, Government Advocate

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 petitioner's counsel submits that the petitioner's name is not figuring in the R.C.Book, because he is only an agreement holder. The original documents are with the financier. The respondents nevertheless are directed to return the same to the petitioner upon fulfilment of the conditions.

8. 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 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 2/4

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 she shall cooperate with the enquiry to be conducted by the respondents.

9. Upon completion of these formalities, 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-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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 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.

3. The Revenue Divisional Officer, 3/4

4. The Tahsildar,

5. The Assistant Director of Mines and Geology,

6. The Inspector of Police, Abiramam Police Station, +1 CC to Mr.T.ANTONY ARUL RAJ, Advocate SR-18580. +1 CC to the SPL GP SR-18717.

30.09.2020 SCR(CO) CS(09.10.2020) 4P 9C 4/4