Madras High Court
Raji vs The Tahsildar on 24 June, 2019
Bench: R.Subbiah, C.Saravanan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Writ Petition No.17427 of 2019
Raji ...Petitioner
Vs
1. The Tahsildar,
Taluk Office, Arani,
Arani Taluk,
Thiruvannamalai District.
2. The State Rep. by the
Inspector of Police,
Arani Taluk Police Station,
Thiruvannamalai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ of Mandamus directing the respondent to
release the petitioner's Bullock Cart which which was seized by the 2nd
respondent.
For Petitioner : Mr.B.Ramar
For Respondents : Mr.V.Shanmuga Sundar
Special Government Pleader
http://www.judis.nic.in
2
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 respondent to release the petitioner's Bullock Cart which which was seized by the 2nd respondent.
2. Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.
3. According to the petitioner, the second respondent has seized the vehicle in question on 17.05.2019 on the ground of illegal carrying of river sand, and till date, no order for release of the said vehicle had been passed by 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 river sand and hence, the vehicle was seized. He would further submit that the petitioner has no previous case.
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 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.2,000/- (Rupees Two 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 respondent/trial Court is/are at liberty to confiscate the vehicle. http://www.judis.nic.in(iv)The petitioner shall not alienate the vehicle in question till the disposal of 4 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] [C.S.N., J]
24.06.2019
Note to office: Issue order copy within two weeks Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes av/ebsi http://www.judis.nic.in 5 To
1. The Tahsildar, Taluk Office, Arani, Arani Taluk, Thiruvannamalai District.
2. The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District.
http://www.judis.nic.in 6 R.SUBBIAH, J AND C.SARAVANAN, J ebsi Writ Petition No.17427 of 2019 24.06.2019 http://www.judis.nic.in