Madras High Court
Ramalingam vs The Revenue Divisional Officer on 13 June, 2019
Bench: R.Subbiah, C.Saravanan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Writ Petition No.12728 of 2019
Ramalingam ...Petitioner
Vs
1. The Revenue Divisional Officer,
Revenue Divisional Office,
Arani, Thiruvannamalai District.
2. The Thasildhar,
Arani Taluk,
Thiruvannamalai District.
3. The Inspector of Police,
Arani Taluk Police Station,
Arani, Thiruvannamalai 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 consider my representation dated 24.04.2019 and further direct the
second respondent to return my Traclaxx "Tractor" Vehicle bearing
Registration No.TN 25 BW 1389, on the custody of the second respondent
herein.
For Petitioner : Mr.Silambuselvan S.
For Respondents : Mr.V.Shanmuga Sundar
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 the second respondent to return the petitioner's vehicle, viz., Traclaxx Tractor vehicle bearing Registration No.TN-25-BW- 1389 within a stipulated period, which is in the custody of second respondent.
2. Heard learned counsel for petitioner and learned Special Government Pleader for respondents.
3. Learned counsel for petitioner submits that respondents have seized the vehicle in question 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.25,000/- (Rupees Twenty five 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 vehicle in question for any illegal activities in future and shall produce the same as and when http://www.judis.nic.in 4 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] [C.S.N., J]
13.06.2019
Note to office: Issue order copy within two weeks Speaking (or) Non Speaking Order Index : Yes/ No, Internet : Yes vv To
1. The Revenue Divisional Officer, Revenue Divisional Office, Arani, Thiruvannamalai District.
2. The Thasildhar, Arani Taluk, Thiruvannamalai District.
3. The Inspector of Police, Arani Taluk Police Station, Arani, Thiruvannamalai District.
http://www.judis.nic.in 5 R.SUBBIAH, J AND C.SARAVANAN, J vv Writ Petition No.12728 of 2019 13.06.2019 http://www.judis.nic.in