Madras High CourtWP(MD)/16242/2020disposed of

Sakthivel v. The Revenue Divisional Officer

2020-11-19Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sakthivel ... Petitioner Vs

1. The Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam, Thnanjavur District.

2. The Inspector of Police, Papanasam Police Station, Thanjavur District.

3. The Assistant Director, Tamilnadu Mines and Minerals, Thanjavur 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 Hero Splendor Plus Bike bearing Registration No.TN-68-X-5217, pertaining to the case in Cr.No.855 of 2020 on the file of the second respondent herein and return the vehicle to the petitioner based on his representation dated 03.11.2020.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.C.Ramesh, Special Government Pleader

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 vehicle viz., Hero Splendor Plus Bike bearing Registration No.TN-68X-5217. 2.Mr.C.Ramesh, learned Special Government Pleader, 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.

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3.It is the case of the petitioner that he is the owner of the Hero Splendor Plus Bike bearing Registration No.TN-68-X-5217. According to the petitioner, on 16.08.2020, the second respondent seized the vehicle and registered a case against the petitioner in Crime No.855 of 2020 for the offence punishable under Section 379 I.P.C. and Section 21(4) of the Mines and Minerals (Regulation and Development)Act, alleging that the petitioner has transported sand without proper invoices. According to the petitioner, ever since the seizure, the said vehicle is still in the custody of the second respondent Police.

4.It is also the contention of the petitioner that the vehicle has also not been produced by the second 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 first respondent on 03.11.2020 for releasing of the seized vehicle back to him. According to him, the first respondent failed to respond to the said representation. In such circumstances, he has filed this Writ Petition seeking for release of the seized vehicle. 6.Heard Mr.K.M.Karunakaran, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader Government Pleader appearing for the respondents. 7.Admittedly, the vehicle was seized by the second respondent on 16.08.2020 and a case has been registered by the third respondent Police against the petitioner in Crime No.855 of 2020 for the offence punishable under Section 379 I.P.C.

and Section 21(4) of the Mines and Minerals (Regulation and Development)Act alleging that the petitioner has transported sand 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 the vehicle has also not been produced before the Jurisdictional Court. 8.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 vehicle to the respective petitioners subject to fulfillment of certain conditions.

(i)the petitioner shall execute a bond for a sum of Rs.5,000/-(Rupees Five 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 alienate or encumber the vehicle in question till the proceedings are completed. (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 first 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.

9.Upon completion of the above mentioned formalities, the respondents shall release the petitioner's Hero Splendor Plus Bike bearing Registration No.TN-68-X-5217, 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.

10.The Writ Petition is disposed of, accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // 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.

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1. The Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam, Thnanjavur District.

2. The Inspector of Police, Papanasam Police Station, Thanjavur District.

3. The Assistant Director, Tamilnadu Mines and Minerals, Thanjavur District.

+1 CC to the SPL GP ( SR-22389[F] dated 20/11/2020 ) 19.11.2020 CK(CO) CS(30.11.2020) 4P 5C 4/4