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Madras High CourtWP(MD)/14630/2020disposed of

S. Balakrishnan v. The Assistant Director

2020-10-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Balakrishnan ... Petitioner Vs 1.The Assistant Director, Mines & Minerals Department, Trichy District.

2.The Geographer, Mines & Minerals Department, Trichy 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 Tipper Lorry bearing Registration No.TN-32M4477, seized by the respondents, by consider the petitioner's representation dated on 09.10.2020 within a time stipulated by this Court.

For Petitioner :

Mr.R.Yamuna For Respondents :

Mr.A.Karthik Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely Tipper Lorry bearing Registration No.TN-32-M4477 forthwith.

2. Mr.A.Karthik, learned Government Advocate, accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he is an agriculturist and he is the owner of the vehicle namely vehicle namely Tipper Lorry bearing Registration No.TN-32-M4477. According to him, on 22.09.2020, the second respondent Police seized the vehicle alleging that the petitioner's vehicle was involved in illegal mining. According to him, second respondent handed over the vehicle to the first respondent and the vehicle is still in the custody of the first respondent and till date, no confiscation proceedings have been initiated against the seized vehicle. 1/3

4. It is also the contention of the petitioner that the vehicle has also not been produced by the first respondent Police before the concerned Jurisdictional Court. According to him, the seized vehicle is kept idle in the first respondent premises in the open place and exposed to the vagaries of nature, resulting in the vehicle depreciating in value.

5. According to the petitioner, he gave a representation to the respondents on 09.10.2020 for releasing of the seized vehicle back to him. According to him, the respondents have failed to respond to the said representation. In such circumstances, he has filed this Writ Petition seeking for release of the seized vehicle.

6. Admittedly, the vehicle was seized by the second respondent on 22.09.2020, alleging that the vehicle was involved in illegal mining. Admittedly, the vehicle is now in the first respondent premises and kept in the open place and exposed to the vagaries of nature and has also not been produced before the Jurisdictional Court.

7. As rightly contended by the learned counsel appearing for the petitioner, the vehicle will certainly depreciate in value, if it is allowed to remain in the open place and kept idle for a long period of time. No useful purpose will be served if the vehicle is allowed to be kept idle. In similar matters, this Court has granted release of seized vehicles to the respective petitioners subject to fulfillment of certain conditions. Therefore, this Court is inclined to grant similar relief to the petitioner subject to fulfillment of the following conditions:- (i)the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) in favour of the second respondent within a period of two weeks from the date of receipt of a copy of this order. (ii)the petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

(iii)the petitioner shall not change the colour and scheme of the vehicle.

(iv)the petitioner shall not use the vehicle for any illegal activities.

(v)before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

(vi)The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the second respondent.

(vii)As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the 2/3

enquiry to be conducted by the respondents.

8. Upon completion of the above mentioned formalities, the respondents shall release the vehicle namely Tipper Lorry bearing Registration No.TN-32-M4477 to the petitioner forthwith and without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled for interim release of the vehicle in the future.

9. The Writ Petition is disposed of accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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, Mines & Minerals Department, Trichy District.

2.The Geographer, Mines & Minerals Department, Trichy District.

+1 CC to M/s.GP ( SR-20723[F] dated 29/10/2020 ) 28.10.2020 (CO) AP(05/11/2020) 3 P 4C 3/3