The High Court disposed of a writ petition seeking release of a seized lorry. The Court imposed conditions similar to a previous order, directing deposit of money and proof of ownership to secure release pending enquiry.
Petitioner directed to deposit Rs.25,000 and produce documents; vehicle to be released within two days on compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY
W.P.No.19838 of 2017
D.Sathish Kumar ... Petitioner
v.
1 The Revenue Divisional Officer
Chengalpattu
Kancheepuram District
2 The Assistant Director
Geology & Mines Department
Kancheepuram
Kancheepuram District ... Respondents
Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to release the Tipper Lorry bearing Registration No.TN 21 H 5694 which was seized by the 2nd respondent on 28.07.2017 and thereby consider the representation dated 29.07.2017.
For Petitioner : Mr.G.Punniakoti
For Respondents : Mr.R.Rajeswaran Special Government Pleader
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O R D E R
Mr.R.Rajeswaran, learned Special Government Pleader, takes
notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
of mandamus, directing the respondents to release the Tipper Lorry
bearing No.TN 21 H 5694, which was seized on 28.07.2017 by the 2nd respondent , to the petitioner.
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:-
"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 of Rs.25,000/- (Rupees twenty five thousand only) in cash with the first respondent.
(ii) The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question.
(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.
(iv) On compliance of the above conditions, the respondent is directed to release the vehicle to the petitioner within two days.
(v) The respondent shall proceed with the enquiry and pass appropriate orders. The petitioner is also directed to appear and cooperate 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".
28.07.2017 on account of a charge levelled against him that he was
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transporting sand without any valid bill or permission of the Government.
transported by him for his personal use 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.
representation dated 29.07.2017 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.
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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on either side and that the representation dated 29.07.2017 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:-
of Rs.25,000/- (Rupees twenty five thousand
only) in cash with the 1st respondent.
(ii) The petitioner shall produce documents before the 1st respondent to establish the ownership of the vehicle in question.
(iii) The petitioner shall file an undertaking that he will produce the vehicle in question before the 1st respondent 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 1st respondent is directed to release the vehicle to the petitioner within two days.
(v) The 1st respondent shall proceed with the enquiry and pass appropriate orders.
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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. 02.08.2017 Index: Yes/No Note : Issue order copy by 03.08.2017 Rj To 1 The Revenue Divisional Officer Chengalpattu, Kancheepuram District 2 The Assistant Director Geology & Mines Department Kancheepuram, Kancheepuram District
M.DURAISWAMY, J.
Rj
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W.P.No.19838 of 2017
02.08.2017
2 issues framed by the court
Whether the High Court should direct the release of a seized lorry pending enquiry on security terms?
Whether a writ petition for vehicle release should be disposed of based on a similar earlier order?
Colour shows how this judgement treated each authority
W.P.No.4805 of 2017Referred¶19
D.Sathish Kumar
The Revenue Divisional Officer, Chengalpattu
The Assistant Director, Geology & Mines Department
M.Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
