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Madras High CourtWP(MD)/18910/2020disposed of

Manikandan v. The Asst.Director

2020-12-21Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) Manikandan ... Petitioner Vs 1.The Assistant Director, Department of Geology and Mining, Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Aranthangi, Pudukottai District.

3.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release petitioner's vehicle TATA 407 Lorry bearing Registration No. TN 59 F 8944 to the petitioner forthwith.

For Petitioner : Mr.K.C.Maniyarasu 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 petitioner's vehicle TATA 407 Lorry bearing Registration No. TN 59 F 8944 to the petitioner forthwith.

2. Heard Mr.K.C.Maniyarasu, 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 TATA 407 Lorry bearing Registration No. TN 59 F 8944. According to him, on 03.10.2020, the third respondent intercepted the TATA 407 Lorry bearing Registration No. TN 59 F 8944, registered a case against the petitioner in Crime No.1372 of 2020 for the alleged offences punishable under Sections 379 of I.P.C. r/w Sections 21(1) & 21(2) of Mines and Minerals (Development and Regulation) Act, 1957 alleging that the petitioner has transported one unit of 'sand' 1/3

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 TATA 407 Lorry bearing Registration No. TN 59 F 8944 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 TATA 407 Lorry bearing Registration No. TN 59 F 8944.

6. The petitioner has also given a representation on 28.11.2020 to the respondents seeking for release of the said TATA 407 Lorry bearing Registration No. TN 59 F 8944. 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 second 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 TATA 407 Lorry bearing Registration No. TN 59 F 8944 to the petitioner forthwith and without any delay. 2/3

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 (CO) // True Copy // / /2021 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 Assistant Director, Department of Geology and Mining, Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Aranthangi, Pudukottai District.

3.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

+1CC to M/s.SR.No.26862 dated 22/12/2020 21.12.2020 ES(CO) KB(06.01.2021) 3P 5C 3/3