Disposed

G.Ramesh v. The District Collector

Madras HC21 Aug 2017WP/18159/2017

Case brief

AI extract

What is this about?

In this writ petition, the Supreme Court of India addressed the petitioner's claim for the release of a seized tractor used for transporting sand. The Court, finding the representation pending, directed release contingent upon deposit, ownership proof, and an undertaking against alienation.

What did the court decide?

Directions to release the seized tractor upon payment of Rs. 25,000, production of ownership documents, and filing of an undertaking against alienation, to be done within two days.

G.Ramesh Vs The District Collector — Motor Accident Claims | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.08.2017

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CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY
W.P.No.18159 of 2017
and W.M.P.No.19705 of 2017
G.Ramesh [ Petitioner ]
Vs
1 The District Collector,
Villupuram District,
Villupuram.
2 The Sub Collector,
Tindivanam
Villupuram District.
3 Thasildhar,
Tindivanam,
Villupuram District.
4 The Inspector of Police,
C-2, Police Station,
Olakkur,
Tindiuvanam
[Respondents ]
Petition filed under Article 226 of The Constitution of
India praying to issue a writ of mandamus directing the
respondents to release the Sonalika Blue make Tractor bearing
registration No.TN25 S 2363 bearing Engine No.3100EL82G150530
Chassis Number EZCSB149547/3, which was seized by the
Thasildhar, 3 rd respondent dated 09.07.2017 and thereby direct
the 1 st respondent to dispose of the representation of the
petition dated 30.06.2017.

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For Petitioner : Mr.A.R.Nixon For Respondents : Mr.R.Rajeswaran, SGP

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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Mr.R.Rajeswaran, learned Special Government Pleader, takes notice for the respondents.

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By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

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The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the respondents to release the Sonalika Blue make Tractor bearing registration No.TN25 S 2363 bearing Engine No.3100EL82G150530 Chassis Number EZCSB149547/3, which was seized by the Thasildhar, 3^rd respondent dated 09.07.2017 and thereby direct the 1^st respondent, to dispose of the representation of the petitioner, within a time frame.

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The learned counsel appearing for the petitioner submitted that in similar circumstances, this Court, by order dated 27.02.2017 in W.P.No.4805 of 2017, disposed of the said writ petition by imposing some conditions for releasing the vehicle. The relevant portion of the order passed in W.P.No.4805 of 2017 reads as follows:-

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"6. Having regard to the fact that the representation dated 24.1.2017 is pending consideration of the 1st respondent, this Court is inclined to dispose of the writ petition with the following direction, since there will not be any purpose in detaining the subject vehicle for a longer period:-

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"(i) The petitioner shall deposit a sum

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of Rs.25,000/- (Rupees twenty five thousand only) in cash with the first respondent.

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(ii) The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question.

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(iii) The petitioner shall file an undertaking that he will produce the vehicle in question before the respondent as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed.

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(iv) On compliance of the above conditions, the respondent is directed to release the vehicle to the petitioner within two days.

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(v) The respondent shall proceed with the enquiry and pass appropriate orders. The

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner is also directed to appear and co-operate with the enquiry.

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(vi) This order for release of vehicle can be availed of by the petitioner if no criminal case is pending. If any criminal case is pending, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law".

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It appears that the vehicle of the petitioner was seized on 09.07.2017.

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The petitioner, on the other hand, claims that the sand was transported to remove the vandal and paruman from Nolambur area and it was required for agricultural purpose and therefore, it would not come within the purview of Tamil Nadu Minor Mineral Concession Rules, 1959. In this regard, the petitioner seeks to place reliance upon Rule 6 of the said Rules.

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The petitioner further contends that he had submitted a representation dated 09.07.2017 in this regard to the first respondent and since no order has been passed on such representation, he is constrained to file the present writ petition. Further, according to the learned counsel for the petitioner, the vehicle is kept in open weather, by which the same is getting damaged.

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Mr.R.Rajeswaran, learned Special Government Pleader, appearing for the respondents submitted that since the issue involved in the present writ petition is covered by the earlier order passed by this Court, the same order can be passed in this writ petition also.

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Having regard to the submissions made by the learned counsel on either side and that the representation dated 09.07.2017 is pending consideration before the 1st respondent, this Court is inclined to dispose of the writ petition with the following directions, since there will not be any purpose in detaining the subject vehicle for a longer period:-

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"(i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) in cash with the first respondent.

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(ii) The petitioner shall produce documents before the respondents to establish the ownership of the vehicle in question.

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(iii) The petitioner shall file an

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https://hcservices.ecourts.gov.in/hcservices/

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undertaking that he will produce the vehicle in question before the respondents as and when called for and that he will not alienate the vehicle in question till the proceedings initiated are completed. (iv) On compliance of the above conditions, the respondents are directed to release the vehicle to the petitioner within two days.

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(v) The respondents shall proceed with the enquiry and pass appropriate orders. The petitioner is also directed to appear and co-operate with the enquiry. (vi) This order for release of vehicle can be availed of by the petitioner if no criminal case is pending. If any criminal case is pending, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same can be considered in accordance with law". With the above observations, the Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rg To 1 The District Collector, Villupuram District, Villupuram. 2 The Sub Collector, Tindivanam Villupuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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3 Thasildhar, Tindivanam, Villupuram District.

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4 The Inspector of Police, C-2, Police Station, Olakkur,

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Tindiuvanam

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+1cc to M/s.A.R.Nixon, Advocate, S.R.No.60151

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+1cc to the Government Pleader, S.R.No.60389

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W.P.No.18159 of 2017
AR(CS II)
CU(23/08/2017)

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https://hcservices.ecourts.gov.in/hcservices/

G.Ramesh v. The District Collector

Case brief

What is this about?

What did the court decide?

G.Ramesh v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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