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Madras High CourtWP(MD)/18493/2020disposed of

P. Shanmugam v. The Revenue Divisional Officer,

2020-12-15Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM:

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

1) The Revenue Divisional Officer, Pudukkottai District, Pudukkottai District.

2) The Assistant Director, Department of Geology and Mines, Pudukkottai District.

3) The Inspector of Police, K.Pudupatti Police Station, Thirumayam Taluk, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the petitioner's JCB Vehicle bearing Registration No.TN-55BY-9851 seized on 29.11.2020 by the third respondent herein and handed over to the custody of the Sub Inspector of Police by the third respondent police station and return the vehicle to the petitioner.

For Petitioner : Mr.Baalasundharam 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 respondents to release the petitioner's JCB Vehicle bearing Registration No.TN-55-BY-9851 seized on 29.11.2020 by the third respondent herein and handed over to the custody of the Sub Inspector of Police by the third respondent police station and return the vehicle to the petitioner.

2. Heard Mr.Baalasundharam, 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. 1/3

4. It is the case of the petitioner that he is the owner of the JCB Vehicle bearing Registration No.TN-55-BY-9851 According to him, on 29.11.2020, the third respondent seized the petitioner's vehicle on the allegation that the same has been used for the illegal transportation of sand and thereafter, a case was registered in Crime No.377 of 2020 for the alleged offence under Sections 379 & 522 of IPC and Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act 1957. 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 JCB Vehicle bearing Registration No.TN-55-BY-9851 has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to the petitioner, the seized JCB is now being kept in the open place and due to exposure of sun and rain and the vagaries of nature, the JCB 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 JCB Vehicle bearing Registration No.TN-55-BY-9851.

6. The petitioner has also given a representation on 02.12.2020 to the respondents seeking for release of the said JCB Vehicle bearing Registration No.TN-55-BY-9851.

According to the petitioner, the said representation has not been considered by the respondents till date. As rightly contended by the petitioner, if the JCB, 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.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 2/3

(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.

7. Upon completion of the above mentioned formalities, the respondents shall release the JCB Vehicle bearing Registration No.TN-55-BY-9851 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-II) // 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, Pudukkottai District, Pudukkottai District.

2) The Assistant Director, Department of Geology and Mines, Pudukkottai District.

3) The Inspector of Police, K.Pudupatti Police Station, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.GP ( SR-25748[F] dated 16/12/2020 ) Order made in Dated: 15.12.2020 ns(CO) TR(28.12.2020) 3P 5C 3/3