R.Bharathy, v. The Sub Collector / Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23601 of 2018 R.Bharathy ..Petitioner Vs 1.The Sub-Collector / Revenue Divisional Officer, Kovilpatti, 2.The Inspector of Police, Ettayapuram Police Station, 3.Assistant Director (Mines & Minerals), O/o.Assistant Director (Mines & Minerals), Collectorate Building, Kokkirakulam, Tirunelveli-9, Tirunelveli District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle Tipper Lorry bearing Registration No.TN 20 BQ 8998 within the time limit that may be stipulated by this Court. For Petitioner :Mr.G.Thalaimutharasu For Respondents :Mr.B.Bhagavathi, Government Advocate

ORDER

This writ petition has been filed seeking a writ of Mandamus, to direct the respondents to release the petitioner's vehicle Tipper Lorry bearing Registration No.TN 20 BQ 8998 within a stipulated time.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. According to the petitioner, the third respondent has seized the vehicle in question on the ground that it was involved in transportation of 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. He further submitted that already F.I.R has been registered in Crime No.211 of 2018.

5. In any event, as the vehicle is under the custody of the third 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 respondent concerned 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 she 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 respondent." 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 directions, 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, Kovilpatti,

2.The Inspector of Police, Ettayapuram Police Station, 3.Assistant Director (Mines & Minerals), O/o.Assistant Director (Mines & Minerals), Collectorate Building, Kokkirakulam, Tirunelveli-9, Tirunelveli District.

+1cc to Mr.G.THALAIMUTHARASU, Advocate, SR.No.97328 +1cc to M/s.Special Government Pleader,SR.No. 97600 W.P(MD)No.23601 of 2018 PM KK/PM/SAR-4/29.11.2018/3P-6C