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Madras High CourtWP(MD)/15360/2020disposed of

Pakkiyaraj, v. The Revenue Divisional Officer,

2020-11-05Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) Pakkiyaraj ... Petitioner Vs

1) The Revenue Divisional Officer, Pattukottai, Thanjavur District.

2) The Tahsildar, Pattukottai Taluk, Thanjavur District.

3) The Assistant Director, Tamil Nadu Mines and Minerals Department, Thanjavur District, Thanjavur.

... 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 bullock cart, seized by the second respondent dated 18.02.2020 on the basis of the petitioner's representation dated 28.10.2020.

For Petitioner :

Mr.B.Anandan For Respondents :

Mr.C.Ramar, Additional Government Pleader

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents to release the petitioner's bullock cart, seized by the second respondent dated 18.02.2020 on the basis of the petitioner's representation dated 28.10.2020.

2. Heard Mr.B.Anandan, learned counsel appearing for the petitioner and Mr.C.Ramar, learned Addl., Government Pleader appearing for the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that he is an agriculturist and he is having a bullock cart for the purpose of carrying goods for agricultural activities. According to him, on 18.02.2020, the 1/3

second respondent conducted raid with regarding to sand theft near Anaikadu Mineral Water Company at about 7:00 p.m. and seized 3 nos of bullock carts for the alleged transportation of river sand, including the bullock cart belonging to the petitioner. According to him, his bullock cart was seized by the second respondent Police on the same day. According to him, ever since the seizure, the said bullock cart is still in the custody of the second respondent Police and till date, no confiscation proceedings have been initiated against the seized bullock cart.

5. According to him, the seized bullock cart is kept idle in the second respondent office premises in the open place and exposed to the vagaries of nature, resulting in the bullock cart depreciating in value.

6. According to the petitioner, he gave a representations to the respondents on 10.06.2020 and 28.10.2020 for releasing of the seized bullock cart 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 bullock cart.

7. Admittedly, the bullock cart was seized by the second respondent on 18.02.2020 alleging that the petitioner has transported river sand in his bullock cart. Admittedly, the bullock cart is now in the custody of the second respondent and kept in the open place and exposed to the vagaries of nature and has also not been produced before the Jurisdictional Court.

8. As rightly contended by the learned counsel appearing for the petitioner, the bullock cart 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 bullock cart 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 relief to the petitioner subject to fulfillment of the following conditions:- (i) the petitioner shall execute a bond for a sum of Rs.3,000/-(Rupees Three Thousand only) in favour of the first respondent within a period of two weeks from the date of receipt of a copy of this order;

(ii) the petitioner shall not use the bullock cart for any illegal activities;

(iii) before releasing the bullock cart, the police authority shall take photographs of the bullock cart at the cost of the petitioner; and (iv) As and when the respondents call for the bullock cart for enquiry, the petitioner has to produce the bullock cart in question and he shall cooperate with the enquiry to be conducted by the respondents. 2/3

9. Upon completion of the above mentioned formalities, the respondents shall release the bullock cart 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 bullock cart in the future.

10. 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) 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 Revenue Divisional Officer, Pattukottai, Thanjavur District.

2) The Tahsildar, Pattukottai Taluk, Thanjavur District.

3) The Assistant Director, Tamil Nadu Mines and Minerals Department, Thanjavur District, Thanjavur.

+1 CC to M/s.GP ( SR-21496[F] dated 06/11/2020 ) Order made in Dated:

05.11.2020 ARK(CO) AP(19/11/2020) 3P 5C 3/3