Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2018

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23108 of 2018 Manikandan, S/o.Periyasamy ... Petitioner Vs.

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Trichy.

3.The Thasildar, Thiruvarambur, Trichy.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the fourth respondent to release the petitioner's Tipper Lorry bearing Registration No.TN46-M-0853, which was seized by the fourth respondent on 15.10.2018 and entrust the same to the petitioner.

For Petitioner : Mr.K.Praveenkumar For Respondents: Mr.B.Bagavathy Government Advocate

ORDER

This writ petition has been filed seeking a Writ of Mandamus, to direct the fourth respondent to release the petitioner's Tipper Lorry bearing Registration No.TN-46-M-0853, which was seized by the fourth respondent on 15.10.2018 and entrust the same to the petitioner.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.According to the petitioner, the official respondent has seized the vehicle in question on the ground that it was involved in transportation of illegal sand without any valid permit and the vehicle is still under the police custody. Hence, this Writ Petition is filed.

4.On the other hand, it is submitted by the learned

Government Advocate appearing for the respondents that the vehicle in question was used for illegal transportation of sand without any valid permit and hence, it was seized.

5.In any event, as the vehicle is under the custody of the official respondent from the date of seizing and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, this Court is of the view that the vehicle may be released by imposing conditions on the petitioner for release of the same.

6.Accordingly, the concerned respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of receipt of a copy of this order subject to the following conditions:

"(i) The petitioner shall produce necessary documents before the concerned respondent to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only), before the second respondent as non-refundable deposit;

(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondents;

(iv) On doing so, the vehicle in question shall be returned to the petitioner;

(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and (vi) The petitioner is also directed to participate in the enquiry to be conducted by the respondents."

However, it is made clear that if the vehicle involves in the crime second time, the concerned respondent shall not release the vehicle. 7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II)

To 1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Trichy.

3.The Thasildar, Thiruvarambur, Trichy.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

• 1 CC TO Mr.K.PRAVEEN KUMAR , ADVOCATE IN SR No. 96355. +1 cc to Special Government Pleader, SR.No.96696. SMN2 DS RSK SAR2 27 11 2018 3P 7C • W.P(MD)No.23108 of 2018