S.Subburaj, v. The Sub Collector/Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2018

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23170 of 2018 S.Subburaj ... Petitioner Vs.

1. The Sub Collector/Revenue Divisional Officer, Devakottai, Sivagangai District.

2. The Inspector of Police, Nerkuppai Police Station, Sivagangai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to release the petitioner's vehicle bearing Registration No.TN 33 AW 6688 seized by the 2nd Respondent on 24.09.2018 on the basis of the Petitioner's representation dated 01.10.2018. For Petitioner : M/s.P.Kalaiyarasi Bharathi For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

This writ petition has been filed seeking a writ of Mandamus, to direct the respondents to release the petitioner's vehicle bearing Registration No.TN 33 AW 6688 seized by the 2nd Respondent on 24.09.2018 on the basis of the petitioner's representation dated 01.10.2018.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader 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 Special

Government Pleader 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 of seizing 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 first 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 for 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 (CO) /True Copy/ Sub Assistant Registrar (CS-II)

To

1. The Sub Collector/Revenue Divisional Officer, Devakottai, Sivagangai District.

2. The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

+ 1 CC TO M/s.P.KALAIYARASI BHARATHI, ADVOCATE IN SR No. 96425 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 96563 VS TE/RP/SAR-2 : 26/11/2018 : 3P/5C W.P(MD)No.23170 of 2018 22.11.2018