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Madras High CourtWP(MD)/17919/2020disposed of

Sundaram v. The Revenue Divisional Officer

2020-12-08Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

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

1.The Revenue Divisional Officer, Vadipatti, Madurai District.

2.The Assistant Director, Mines and Minerals Department, Madurai District 3.The Inspector of Police, Balamedu Police Station, Madurai 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 64 V 3987 to the petitioner forthwith based on the representation dated 30.11.2020. For Petitioner : Mr.M.Murugesan For Respondents : Mrs.V.P.M.Vaishnavi Government Advocate

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents herein to release the vehicle bearing registration No.TN 64 V 3987 to the petitioner forthwith based on the representation dated 30.11.2020.

2. Heard Mr.M.Murugesan, learned counsel appearing for the petitioner and Mrs.V.P.M.Vaishnavi, learned Government Advocate 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 vehicle bearing registration No.TN 64 V 3987. According to him, on 29.11.2020, the respondents intercepted the petitioner's vehicle and seized the same on the allegation that the vehicle has been used for transportation of sand illegally and therefore, registered a case in Crime No.1489 of 2020 for the offence under Section 379 of IPC, r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. The petitioner's vehicle was seized by the third 1/3

respondent Police on the same date.

5. It is the contention of the petitioner that the vehicle bearing registration No.TN 64 V 3987 has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to the petitioner, the seized vehicle is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the vehicle 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 vehicle bearing registration No.TN 64 V 3987.

6. The petitioner has also given a representation on 30.11.2020 in person to the respondents seeking for release of the said vehicle bearing registration No.TN 64 V 3987. According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the said vehicle, 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 relief to the petitioner subject to fulfillment of the following conditions:- (i) the petitioner shall execute a bond for a sum of Rs.

(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 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 vehicle to the first respondent; and (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.

7. Upon completion of the above mentioned formalities, the respondents shall release the vehicle bearing registration No.TN 64 V 3987 to the petitioner forthwith and without any delay. If this undertaking given by the petitioner is breached, the petitioner will 2/3

not be entitled for interim release of the vehicle in the future. As far as confiscation proceedings initiated against the seized vehicle is 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 (CSII) // 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, Vadipatti, Madurai District.

2.The Assistant Director, Mines and Minerals Department, Madurai District 3.The Inspector of Police, Balamedu Police Station, Madurai District.

08.12.2020 PU(CO) KB(28.12.2020) 3P 4C 3/3