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Madras High CourtWP(MD)/17947/2020disposed of

M/S.S And P Infrastructure Developers (P) Ltd., v. The Revenue Divisional Officer

2020-12-08Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conferencing) M/s.S & P Infrastructure Developers (P) Ltd., Rep by its Director, Sanjeev Gaur, 127, Mithila Apartment, Plot No.76, Patparganj, I.P.Extension, East Delhi, Delhi-110 092.

... Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Assistant Director of Geology and Mining, Ramanathapuram, Ramanathapuram District.

3.The Thasildar, Ramanathapuram Taluk Office, Ramanathapuram.

4.The Inspector of Police, R.S.Mangalam Police Station, Ramanthapuram .

( Crime No. 336/2020 ) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth Respondent to release the petitioners vehicle of Tipper Lorry bearing registration No. UP 56 T 6970 from his custody and to hand over the above vehicle to the petitioner , by considering the petitioner's representation dated 01.12.2020 within time limit that may be stipulated by this Court.

For Petitioner : Ms.Porkodi Karnan for M/s.Polex Legal Solutions For Respondents : Mr.C.Ramesh Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus to direct the fourth respondent to release the petitioner's vehicle of Tipper Lorry bearing registration No. UP 56 T 6970 from his custody and 1/4

to hand over the above vehicle to the petitioner, by considering the petitioner's representation dated 01.12.2020 with in time limit that may be stipulated by this Court.

2. Heard Ms.Porkodi Karnan, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special 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 Tipper Lorry bearing registration No. UP 56 T 6970. According to him, on 02.11.2020, the Deputy Thasildar (Mines) intercepted the petitioner's vehicle and seized the same and handed over the vehicle to the fourth respondent police on the allegation that the vehicle was used for illegal transportation of sand. The fourth respondent police registered a case in Crime No.336 of 2020 as against the petitioner for the offence punishable under Section 21

(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner's vehicle was seized by the fourth respondent Police on the same date.

5. It is the contention of the petitioner that the Tipper Lorry bearing registration No. UP 56 T 6970 has also not been produced by the fourth 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 Tipper Lorry bearing registration No. UP 56 T 6970.

6. The petitioner has also given a representation on 01.12.2020 to the respondents seeking for release of the said Tipper Lorry bearing registration No. UP 56 T 6970. 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 fourth 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:- 2/4

(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty 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 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 Tipper Lorry bearing registration No. UP 56 T 6970 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 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 (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 3/4

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, Ramanathapuram, Ramanathapuram District.

2.The Assistant Director of Geology and Mining, Ramanathapuram, Ramanathapuram District.

3.The Thasildar, Ramanathapuram Taluk Office, Ramanathapuram.

4.The Inspector of Police, R.S.Mangalam Police Station, Ramanthapuram .

+1 CC to M/s.POLAX LEGAL SOLUTION, Advocate ( SR-24757[F] dated 09/12/2020 ) +1 CC to SGP ( SR-24870[F] dated 10/12/2020 ) Order made in 08.12.2020 MJ(CO) KM (18.12.2020) 4P 7C 4/4