Allowed

V.Elumalai v. the Revenue Divisional Officer

Madras HC14 Nov 2018WP(MD)/17337/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking mandamus to release a seized tipper lorry. It ordered the respondent to release the vehicle within 7 days, subject to producing ownership documents, depositing a non-refundable security, giving an undertaking against illegal use, not alienating the vehicle, and participating in the enquiry.

What did the court decide?

Release the petitioner's seized vehicle within 7 days subject to producing documents, depositing Rs.50,000 security, and undertaking not to use it illegally.

V.Elumalai Vs the Revenue Divisional… — Constitutional and Fundamental Rights | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.11.2018 CORAM

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.17337 of 2018

V.Elumalai

..Petitioner

The Revenue Divisional Officer, Devakkottai, Sivagangai District. ..Respondent

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to release the vehicle belonging to the Petitioner bearing Registration No. TN-20BP-4162 Tipper Lorry which was seized on 11.6.2018 by the respondent based upon the Petitioner's representation, dated 30.7.2018

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For Petitioner:Mr.M.Suresh

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For Respondent:Mr.S,Dhayalan

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Government Advocate

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ORDER

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This writ petition has been filed seeking a writ of Mandamus, to direct the respondent to release the petitioner's vehicle ie., Tipper Lorry bearing Registration No. TN-20BP-4162.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

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According to the petitioner, the official respondent has seized the vehicle in question on the ground that it was involved in transportation of illegal sand without any valid permit and the vehicle is still under the police custody. Hence, this Writ Petition is filed.

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On the other hand, it is submitted by the learned Government Advocate appearing for the respondent that the vehicle in question was used for illegal transportation of sand without any valid permit and hence, it was seized.

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In any event, as the vehicle is under the custody of the official respondent from the date of seizing and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. https://hcservices.ecourts.gov.in/hcservices/ Therefore, this Court is of the view that the vehicle may be released by imposing conditions on the petitioner for release of

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the same.

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Accordingly, the concerned respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of receipt of a copy of this order subject to the following conditions:

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“(i) The petitioner shall produce necessary documents before the concerned respondent to establish the ownership of the vehicle in question;

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(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only), before the respondent as non refundable deposit;

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(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondents;

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(iv) On doing so, the vehicle in question shall be returned to the petitioner;

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(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and

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(vi) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.”

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With the above directions, this Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar (CS-I)

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// True Copy //

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Sub Assistant Registrar(CS-I)

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The Revenue Divisional Officer, Devakkottai, Sivagangai District.

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1 CC TO MR., ADVOCATE IN SR NO.

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1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO. 82484 VSN

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BU/RP/SAR-I :22.11.2018 : 2P/4C

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

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W.P(MD)No.17337 of 2018 14.11.2018

V.Elumalai v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

V.Elumalai v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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