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Madras High CourtWP(MD)/15216/2020disposed of

C.Aravind Rajkannan v. The Assistant Director

2020-11-03Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.Aravind Rajkannan ... Petitioner Vs 1.The Assistant Director, Department of Geology and Mining, Collectorate, Pudukottai District.

2.The Revenue Divisional Officer, Revenue Division Office, (*)Aranthangi, Pudukottai District.

3.The Inspector of Police, Mimisal Police Station, Pudukkottai 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 vehicles involved in Crime No.389 of 2020 on the file of the Inspector of Police, Mimisal Police Station, Pudukkottai District to the petitioner forthwith. For Petitioner : Mr.C.Prithviraj For Respondents : Mrs.V.P.M.Vaishanvi, Government Advocate.

ORDER

(This Petition was heard through Video Conferencing) This writ petition has been filed for a Mandamus seeking for a direction to direct the respondents to release the petitioner's vehicles viz., Tractor bearing Registration No.TN 55 BY 8879, Tipper Lorry bearing Registration No.TN 55 AY 3380, JCB bearing Registration No.TN 55 AY 6078.

2.Heard Mr.C.Prithviraj, learned counsel appearing for the petitioner and Mrs.V.P.M.Vaishanvi , learned Government Advocate, accepts notice on behalf of 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 the owner of the vehicles viz., Tractor bearing Registration No.TN 55 BY 8879, Tipper Lorry bearing Registration No.TN 55 AY 3380,and JCB bearing Registration No.TN 55 AY 6078. According to the petitioner, on 17.10.2020, the third respondent seized the vehicles and registered a case against the petitioner in Crime No.389 of 2020 for the 1/4

offence punishable under Section 379 I.P.C. and Section 21(1) & 21

(2) of the Mines and Minerals (Development and Regulation)Act, 1957, alleging that the petitioner has transported river sand without proper invoices. According to the petitioner, ever since the seizure, the said vehicles are still in the custody of the third respondent Police.

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

5.According to the petitioner, he gave a representation to the respondents on 19.10.2020 for releasing of the seized vehicle back to him. According to him, the respondents 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 vehicles were seized by the third respondent on 17.10.2020 and a case has been registered by the third respondent Police against the petitioner in Crime No.389 of 2020, for the offence punishable under Section 379 I.P.C. and Section 21(1) & 21

(2) of the Mines and Minerals (Development and Regulation)Act, 1957, alleging that the petitioner has transported river sand without proper invoices. Admittedly, the vehicles are now in the Police Station premises and kept in the open place and exposed to the vagaries of nature and the vehicles have also not been produced before the Jurisdictional Court.

7.As rightly contended by the learned counsel appearing for the petitioner, the vehicles 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 vehicles are 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.75,000/-(Rupees Seventy 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 vehicles in question till the proceedings are completed. (iii)the petitioner shall not change the colour and scheme of the vehicles.

(iv)the petitioner shall not use the vehicles for any 2/4

illegal activities.

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

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

(vii)As and when the respondents call for the vehicles for enquiry, the petitioner has to produce the vehicles in question and he shall cooperate with the enquiry to be conducted by the respondents.

8.Upon completion of the above mentioned formalities, the respondents shall release the petitioner's vehicles viz., Tractor bearing Registration No.TN 55 BY 8879, Tipper Lorry bearing Registration No.TN 55 AY 3380, and JCB bearing Registration No.TN 55 AY 6078, 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 vehicles in the future. 9.The Writ Petition is disposed of, accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) (*)Amended as per the order of this Hon'ble Court dated 18.11.2020 // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note:In view of the present lock down owing to COVID-19 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, Department of Geology and Mining, Collectorate, Pudukottai District.

2.The Revenue Divisional Officer, Revenue Division Office, (*)Aranthangi, Pudukottai District.

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3.The Inspector of Police, Mimisal Police Station, Pudukkottai District.

+1cc to Mr.Special Government Pleader SR.No 21103 03.11.2020 KM(CO) KB(26.11.2020) 4P 5C 4/4