Madras High Court
R.Ganapathy vs The Revenue Divisional Officer on 27 April, 2019
Bench: R.Subbiah, Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Writ Petition No.12695 of 2019
R.Ganapathy
S/o.Rajendran ...Petitioner
Vs
1.The Revenue Divisional Officer,
Arani Town,
Tiruvannamalai.
2.The Inspector of Police,
Arani Taluk Police Station,
Arani,
Tiruvannamalai District. ... Respondents
Writ Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ of Mandamus directing the respondents to
release and return back the vehicle bearing registration No.TN 25 BW 5213,
having Chassis No.WZTB40622108055, Engine No.43.1024/SZB05841 to the
petitioner.
For Petitioner : Mr.Jawahar B.
For Respondents : Mr.J.Pothiraj
Special Government Pleader
*****
http://www.judis.nic.in
2
ORDER
[Order was delivered by R.SUBBIAH,J] Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the petitioner's vehicle bearing registration No.TN 25 BW 5213, having Chassis No.WZTB40622108055, Engine No.43.1024/SZB05841 seized by 2nd respondent on 26.03.2019.
2. Heard learned counsel for petitioner and learned Special Government Pleader for respondents.
3. Learned counsel for petitioner submits that 2nd respondent has seized the vehicle in question on 26.03.2019 on the ground of illegal carrying of river sand and till date, no order for release of the said vehicle had been passed by respondents. Hence, he has come forward with the present Writ Petition.
4. On the other hand, it is submitted by learned Special Government Pleader for respondents that the vehicle in question was used for illegal transportation of mines and minerals like river sand and hence, the vehicle was seized. He would further submit that petitioner has no previous case. http://www.judis.nic.in 3
5. In any event, as the vehicle is under the custody of the respondents from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.
6. Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii):
(i) Petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-
refundable deposit.
(ii) Petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.
(iii)Petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use the http://www.judis.nic.in 4 vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle.
(iv)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.
(v) Petitioner is also directed to participate in the enquiry to be conducted by the respondents.
With the above observations and directions, this Writ Petition is disposed of. No costs.
[R.P.S., J] [K.R., J]
27.04.2019
(4/4)
Note to office: Issue order copy within a week Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes ms http://www.judis.nic.in 5 To
1.The Revenue Divisional Officer, Arani Town, Tiruvannamalai.
2.The Inspector of Police, Arani Taluk Police Station, Arani, Tiruvannamalai District.
http://www.judis.nic.in 6 R.SUBBIAH, J AND KRISHNAN RAMASAMY, J ms Writ Petition No.12695 of 2019 27.04.2019 http://www.judis.nic.in