Thangapandi @Thangapandian v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) Thangapandi @ Thangapandian ... Petitioner Vs
1) The Revenue Divisional Officer, Aruppukkottai Sub Division, Virudhunagar District.
2) The Assistant Director, Mines and Minerals Department, Virudhunagar District.
3) The Inspector of Police, Tiruchuli Police Station, Virudhunagar District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to release the vehicle bearing registration No.TN 57 AA 2652 to the petitioner forthwith based on the representation dated 17.10.2020. For Petitioner : Ms.A.S.Rajeswari 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 Lorry bearing Registration No.TN 57 AA 2652, which was seized on 13.10.2020 by the third respondent.
2. Heard Ms.A.S.Rajeswari, learned counsel appearing for the petitioner and Mr.C.Ramar, learned Additional 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 the owner of the Lorry bearing Registration No.TN 57 AA 2652. According to him, on 13.10.2020, the third respondent has seized the Lorry bearing Registration No.TN 57 AA 2652 alleging that the petitioner has transported sand illegally in his vehicle and the third respondent registered a case against the petitioner in Crime No.384 of 2020 for 1/3
the offence punishable under Section 379 of I.P.C., alleging that the petitioner has transported 'sand' illegally in his vehicle. The petitioner's vehicle was seized by the third respondent Police on the same date.
5. It is the contention of the petitioner that the Lorry bearing Registration No.TN 57 AA 2652 has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to the petitioner, the seized Lorry is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the Lorry will lose its value and may, ultimately become a wreck and worthless. In such circumstances, this Writ Petition has been filed seeking for release of the said Lorry bearing Registration No.TN 57 AA 2652.
6. The petitioner has also given a representation on 17.10.2020 to the first respondent seeking for release of the said Lorry bearing Registration No.TN 57 AA 2652. According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the Lorry, which was seized by the third respondent, is kept in the open place, it will not be useful to anyone in the near future and if it is continued to remain in the open, it has to face the vagaries of nature and ultimately will become a wreck and worthless. However, whether the petitioner has committed the alleged offence or not can be adjudicated only after trial before the Criminal Court. Till such time, the vehicle cannot be kept idle. 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 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 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 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; and (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.
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7. Upon completion of the above mentioned formalities, the respondents shall release the Lorry bearing Registration No.TN 57 AA 2652 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. As far as confiscation proceedings initiated against the seized vehicle are concerned, the same can go on without any interference.
8. The Writ Petition is disposed of accordingly. However, there shall be no order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Sts 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, Aruppukkottai Sub Division, Virudhunagar District.
2) The Assistant Director, Mines and Minerals Department, Virudhunagar District.
3) The Inspector of Police, Tiruchuli Police Station, Virudhunagar District.
+1 CC to M/s.A.S.RAJESWARI, Advocate SR-22584. +1 CC to the SPL GP SR-23000.
Dated:
24.11.2020 PV(CO) CS(03.12.2020) 3P 6C 3/3