Madras High Court
Venkateswarlu vs The Assistant Director on 10 April, 2019
Bench: R.Subbiah, Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.04.2019
Coram
The Hon'ble Mr.Justice R.Subbiah
and
The Hon'ble Mr.Justice Krishnan Ramasamy
Writ Petition No.10657 of 2019
Venkateswarlu ...Petitioner
Vs.
1. The Assistant Director,
Mines and Geology,
Thiruvallur,
Thiruvallur District.
2. The Tahsildar,
Gummidipoondi,
Thiruvallur District.
3. State rep.by
The Inspector of Police,
SIPCOT Police Station,
Gummidipoondi,
Thiruvallur District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, for issuance of Writ of Mandamus, directing the first and second
respondents to release the Petitioner's Terrace Lorry bearing Registration
No.AP-27-TZ-2766, which is in the custody of the third respondent.
http://www.judis.nic.in
2
For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr.J.Pothiraj,
Special Government Pleader
ORDER
[Order was delivered by R.SUBBIAH,J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the first and second respondents to release the Petitioner's Terrace Lorry bearing Registration No.AP-27-TZ- 2766, which is in the custody of the third respondent.
2. Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.
3. According to the petitioner, the respondents have seized the vehicle in question on 02.04.2019 on the ground of illegal carrying Silica 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 Special Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like Silica sand and hence, the vehicle http://www.judis.nic.in 3 was seized. He further submitted that the petitioner has no previous case.
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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos.(i) to (iii), which are mentioned below:
(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. http://www.judis.nic.in 4
(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 the proceedings before the authority concerned.
(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.
[ R.P.S.J.,] [ K.R.J.,]
10.04.2019
(2/2)
av
Index : yes/no
Speaking Order/Non speaking
Note to Office: Issue order copy on 15.04.2019. http://www.judis.nic.in 5 To
1. The Assistant Director, Mines and Geology, Thiruvallur, Thiruvallur District.
2. The Tahsildar, Gummidipoondi, Thiruvallur District.
3. The Inspector of Police, The State of Tamilnadu, SIPCOT Police Station, Gummidipoondi, Thiruvallur District.
http://www.judis.nic.in 6 R.Subbiah,J., & Krishnan Ramasamy, J., av Writ Petition No.10657 of 2019 10.04.2019 (2/2) http://www.judis.nic.in