Thanasekaran v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Thanasekaran ... Petitioner Vs 1.The Assistant Director, Geology and Mining Department, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi, Pudukkottai District.
3.The Inspector of Police, Manamelkudi 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 bullock cart seized by the third respondent on 28.02.2020 to the petitioner.
For Petitioner : Mr.R.Prasanna For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's bullock cart seized by the third respondent on 28.02.2020 to the petitioner.
2. Mr.A.Muthu Karuppan, learned Additional Government Pleader, accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Heard Mr.R.Prasanna, learned counsel appearing for the petitioner and Mr.A.Muthu Karuppan, learned Additional Government Pleader appearing for the respondents.
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 28.02.2020, the third respondent Police seized the bullock cart and registered a case in Crime No.41 of 2020 for the offence punishable 1/3
under Section 379 I.P.C., read with Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation Act), 1957, alleging that the petitioner has transported 1⁄4 unit of sand in his bullock cart. According to him, ever since the seizure, the said bullock cart is still in the custody of the third respondent Police.
5. It is also the contention of the petitioner that the bullock cart has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to him, the seized bullock cart is kept idle in the Police Station 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 representation to the second respondent on 24.10.2020 for releasing of the seized bullock cart 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 bullock cart.
7. Admittedly, the bullock cart was seized by the third respondent on 28.02.2020 and a case has been registered in Crime No.41 of 2020 for the offence punishable under Section 379 I.P.C., read with Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation Act), 1957, alleging that the petitioner has transported 1⁄4 unit of sand in his bullock cart. Admittedly, the bullock cart 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.
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 similar 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 second 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.
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(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.
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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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, Geology and Mining Department, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi, Pudukkottai District.
3.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.
+1 CC to SGP ( SR-22192[F] dated 19/11/2020 ) 18.11.2020 NR (24/11/2020) 3P : 5C 3/3