Madras High Court
N.Padmanaban vs The Revenue Divisional Officer on 5 March, 2019
Bench: R.Subbiah, Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Writ Petition No.5988 of 2019
N.Padmanaban
S/o.Natarajan ... Petitioner
Vs
1.The Revenue Divisional Officer
O/o.Revenue Divisional Office,
Arni, Tiruvannamalai District.
2.The Tahsildar,
Arni Taluk,
Tiruvannamalai District.
3.The Sub-Inspector of Police,
Kalambur Police Station,
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
the petitioner's vehicle namely Tata Motors Tipper bearing Registration No.TN-
73-AA-0229.
For Petitioner : Mr.B.Gopalakrishnan
http://www.judis.nic.in
For Respondents : Mr.D.Raghu
Government Advocate.
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 respondents to release the petitioner's vehicle namely Tata Motors Tipper bearing Registration No.TN-73-AA-0229.
2. Heard learned counsel for the petitioner and learned Government Advocate for the respondents.
3. According to the petitioner, the respondents have seized the vehicle in question on 11.01.2019 on the ground of illegal carrying of illegal 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 Government Advocate for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like sand and hence, the vehicle 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 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 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) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty 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. http://www.judis.nic.in 4 R.SUBBIAH, J AND KRISHNAN RAMASAMY, J dpq
(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. Connected miscellaneous petition is closed.
[R.P.S., J] [K.R., J] 05.03.2019 Note to office: Issue order copy by 07.03.2019 Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes dpq To
1.The Revenue Divisional Officer O/o.Revenue Divisional Office, Arni, Tiruvannamalai District.
2.The Tahsildar, Arni Taluk, Tiruvannamalai District.
3.The Sub-Inspector of Police, Kalambur Police Station, Tiruvannamalai District.
http://www.judis.nic.in Writ Petition No.5988 of 2019