Madras High Court
Kalailingam vs The Assistant Director on 24 August, 2020
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.9851 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.08.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.9851 of 2020
Kalailingam ... Petitioner
Vs.
1. The Assistant Director,
Geology and Mining,
Collectorate,
Sivagangai.
2. The Revenue Divisional Officer,
Devakottai,
Sivagangai District.
3. The Inspector of Police,
Thiruvegampet police station,
Sivagangai District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the respondents to release his bullock cart by considering his
representation dated 15.07.2020 within a stipulated time as
may be fixed by this Court.
For Petitioner : Mr.S.Balakarthick
For Respondents : Mr.M.Rajarajan,
Additional Government Pleader.
***
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2 W.P.(MD)NO.9851 OF 2020
ORDER
Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2.The petition mentioned vehicle was seized in connection with the alleged illegal transportation of sand.
3. The learned Additional Government Pleader states that even though the criminal case has been registered, the vehicle in question is yet to be produced before the jurisdictional Court. The case is still under investigation. I am of the view that so long as the vehicle has not been produced before the Jurisdictional Court, the Writ Court will always have the power to direct for the release of the vehicle.
4. The petitioner's counsel gives an undertaking that the petitioner will see to it that the vehicle is not involved in any other offences of similar nature. The vehicle will be produced before the authority or the Court concerned as and http://www.judis.nic.in 2/6 3 W.P.(MD)NO.9851 OF 2020 when required. The learned counsel appearing for the petitioner states that the vehicle will not be alienated.
5.The submission of the learned counsel for the petitioner is placed on record. If the undertaking given before this Court is breached, the benefit of this order will stand recalled and the vehicle in question will be taken back to custody and it will be released only after getting orders from this Court on such terms as this Court may deem it fit to impose.
6.I am of the view that keeping the petition mentioned vehicle in the custody of the respondents is not going to serve any purpose. The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:-
“17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if http://www.judis.nic.in 3/6 4 W.P.(MD)NO.9851 OF 2020 required at any point of time. This can be done pending hearing of applications for return of such vehicles.”
7.Therefore, the respondents are directed to release the said vehicle forthwith and without any delay. If the undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future.
8.The Writ Petition is allowed accordingly. There shall be no order as to costs.
24.08.2020
Index : Yes / No
Internet : Yes/ No
pmu
Note : 1. Issue order copy within one day after the same received by the Court Officers Section.
2. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
http://www.judis.nic.in 4/6 5 W.P.(MD)NO.9851 OF 2020 To:
1. The Assistant Director, Geology and Mining, Collectorate, Sivagangai.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Inspector of Police, Thiruvegampet police station, Sivagangai District.
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