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Madras High CourtWP(MD)/15708/2020disposed of

Balu @ Jayabalan v. The Assistant Director Of Geology And Mining

2020-11-09Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Balu @ Jayabalan ... Petitioner Vs 1.The Assistant Director of Geology and Mining, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to release the petitioner's Tractor and Trailer bearing Registration No. TN-49-AM-6473 seized by the 3rd respondent on 05.07.2020 to the petitioner.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to release the petitioner's vehicle viz., Tractor and Trailer bearing Registration No.TN 49 AM 6473.

2. 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 Tractor and Trailer bearing Registration No.TN 49 AM 6473. According to him, on 05.07.2020, the 3rd respondent has registered a case against the petitioner in Crime No.447 of 2020 for the offence 1/4

punishable under Section 379 of I.P.C., r/w 21 (1), 21 (2) of Mines and Minerals (Development and Regulation) Act, 1957 r/w 51 (b) of Disaster Management Act, alleging that the petitioner has transported the sand in his vehicle without proper invoices. The petitioner's vehicle was seized by the 3rd respondent Police on the same day. According to the petitioner, ever since the seizure, the said vehicle is still in the custody of the Police.

4. It is also the contention of the petitioner that the vehicle has also not been produced by the 3rd respondent Police before the concerned Jurisdictional Court. According to him, the seized vehicle is now kept idle in the Police Station 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 second respondent on 29.09.2020 for releasing of the seized vehicle back to him. According to him, the second respondent has 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 3rd respondent on 05.07.2020 and a case has been registered in Crime No.447 of 2020 for the offence punishable under Section 379 of I.P.C., r/w 21 (1), 21 (2) of Mines and Minerals (Development and Regulation) Act, 1957 r/w 51 (b) of Disaster Management Act, alleging that the petitioner has transported the sand in his vehicle without proper invoices. Admittedly, the vehicle is now in the Police Station 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.50,000/-(Rupees Fifty Thousand only) in favour of the 2nd 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. 2/4

(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 3rd 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 enquiry to be conducted by the respondents.

8. Upon completion of the above mentioned formalities, the respondents shall release the Tractor and Trailer bearing Registration No.TN 49 AM 6473 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(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 of Geology and Mining, Pudukottai District, Pudukottai.

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2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

+1 CC to M/s.GP ( SR-21768[F] dated 10/11/2020 ) 09.11.2020 NS(CO) TR(18.11.2020) 4P 5C 4/4