The High Court disposed of a writ petition seeking release of a seized lorry. The Court, noting a representation was pending, directed the release of the vehicle upon specific conditions including a deposit and ownership proof.
Release of the seized Ashok Leyland Lorry upon deposit of Rs. 25,000, proof of ownership, and filing of an undertaking.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY
W.P.No.23961 of 2017
A.Balakrishnan ... Petitioner v. The Sub Collector/Revenue Divisional Officer Kanchipuram Revenue Divisional Office Kanchipuram District ... Respondent
Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to release the Ashok Leyland Lorry (Multi Axle Goods Vehicle) bearing Registration No.TN-73-C-6224 seized by the Assistant Director of Mines and Minerals, Kanchipuram District on 17.07.2017 to the petitioner.
For Petitioner : Mr.B.Gopala Krishnan For Respondent : Mr.R.Rajeswaran Special Government Pleader O R D E R
Mr.R.Rajeswaran, learned Special Government Pleader, takes notice for the respondent. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
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:-
"(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 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".
"(i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) in cash with the respondent.
(ii) The petitioner shall produce documents before the 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 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.
Sd/-
Asst.Registrar (CS V )
/true copy/
Sub Asst. Registrar
Rj
To
The Sub Collector/Revenue Divisional Officer Kanchipuram Revenue Divisional Office Kanchipuram District
+1cc to Mr.B.Gopalakrishnan, Advocate Sr. 64603
W.P.No.23961 of 2017
AR(V) VR(08/09/2017)
2 issues framed by the court
Whether the High Court shall issue a writ of mandamus directing the release of the seized vehicle subject to conditions.
Whether the petitioner's claim that the sand was for personal use exempts the transport from the Minor Mineral Concession Rules when enforced.
Colour shows how this judgement treated each authority
W.P.No.4805 of 2017Referred¶11
2 provisions across 2 enactments
A. Balakrishnan
Sub Collector/Revenue Divisional Officer Kanchipuram
M. Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
