Balakumar, S/O. Sakthivel, v. The Sub Collector/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2018

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23347 of 2018 Balakumar ... Petitioner Vs.

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

2.The Assistant Director, Mines and Geology, Collectorate Campus, Sivagangai District.

3.The Inspector of Police, S.V.Mangalam 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, AL Tusker Super 2516 3T Track bearing Registration No.TN-57-R-6163 within the time limit that may be stipulated by this Court on the basis of the representation given by the petitioner, dated 31.10.2018.

For Petitioner : Mr.S.M.Sanjay For Respondents : Mr.B.Bhagawathy Government Advocate

ORDER

This writ petition has been filed seeking a Writ of Mandamus, to direct the respondents to release the petitioner's AL Tusker Super 2516 3T Track bearing Registration No.TN-57-R-6163 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 and the First Information Report was registered.

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.1,00,000/- (Rupees One Lakh 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(CS-III) /True copy/ Sub Assistant Registrar(CS-IV)

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

2.The Assistant Director, Mines and Geology, Collectorate Campus, Sivagangai District.

3.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

+1cc to Mr.S.M.SANJAY, Advocate, SR.No. 96601 +1cc to M/s.Special Government Pleader,SR.No. 96785 W.P(MD)No.23347 of 2018 AM KK/PM/SAR-4/29.11.2018/3P-6C