Madras High Court
J.Shanthi vs The Revenue Divisional Officer on 15 May, 2019
Bench: C.V.Karthikeyan, Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2019
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Writ Petition No.14322 of 2019
J.Shanthi ...Petitioner
Vs
1. The Revenue Divisional Officer,
Ranipet, Vellore District.
2. The Inspector of Police,
Kondanpalayam Police Station,
Vellore 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 herein to
release the petitioner's Agriculture Tractor bearing Registration No.TN 73 AA
6297 and Trailer Bearing Registration No. TN 73 0261 which was seized by the
1st respondent on 10.04.2019 and thereby consider the representation dated
16.04.2019.
For Petitioner : Mr. K.R.Gunashekar
For Respondents : Mr.J.Ramesh
Additional Government Pleader
*****
http://www.judis.nic.in
2
ORDER
[Order was delivered by KRISHNAN RAMASAMY,J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Agriculture Tractor bearing Registration No.TN 73 AA 6297 and Trailer Bearing Registration No. TN 73 0261, seized by the 1st respondent.
2. Heard learned counsel for the petitioner and learned Additional Government Pleader for the respondents.
3. According to the petitioner, the second respondent has seized the vehicle in question on 10.04.2019 on the ground of illegal carrying of sand and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.
4. On the other hand, it is submitted by learned Additional Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like sand and there was no valid permit and hence, the vehicle was seized.
5. In any event, as the vehicle is under the custody of the respondents http://www.judis.nic.infrom the date of seizure and considering the fact that if the same is allowed to 3 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 second respondent is 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) The 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) The 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)The 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 required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle.
(iv)The petitioner shall not alienate the vehicle in question till the disposal of http://www.judis.nic.in the proceedings before the authority concerned. 4
C.V.KARTHIKEYAN, J AND KRISHNAN RAMASAMY, J mp/vsi
(v) The 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.
[C.V.K., J] [K.R., J] 15.05.2019 Note to office: Issue order copy within a week Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes mp/vsi To
1. The Revenue Divisional Officer, Ranipet, Vellore District.
2. The Inspector of Police, Kondanpalayam Police Station, Vellore District.
Writ Petition No.14322 of 2019 http://www.judis.nic.in