High Court permitted release of lorry seized for alleged illegal transport of sand, requiring ownership proof, security deposit, and undertaking pending departmental enquiry.
Release of seized vehicle within 7 days subject to deposit of Rs.50,000/ non-refundable bail, ownership proof, and undertaking not to use for illegal activities.
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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 14.11.2018
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.17339 of 2018
J.Velakanni
Vs
The Revenue Divisional Officer, Devakkottai, Sivagangai District.
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-28AA-3888 Tipper Lorry which was seized on 11.6.2018 by the respondent based upon the Petitioner's representation, dated 30.7.2018
For Respondent :Mr.S.Dhayalan Government Advocate
ORDER
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-28AA-3888.
https://hcservices.ecourts.gov.in/hcservices/ 5. In any event, as the vehicle is under the custody of the official respondent from the date of seizing and considering the
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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. Therefore, this Court is of the view that the vehicle may be released by imposing conditions on the petitioner for release of the same.
“(i) The petitioner shall produce necessary documents before the concerned respondent to establish the ownership of the vehicle in question;
(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only), before the respondent as non refundable deposit;
(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;
(iv) On doing so, the vehicle in question shall be returned to the petitioner;
(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and
(vi) The petitioner is also directed to participate in the enquiry to be conducted by the respondent.”
Sub Assistant Registrar(CS-IV)
To
The Revenue Divisional Officer, Devakkottai, Sivagangai District.
+1cc to Mr.M.SURESH, Advocate, SR.No.95686
+1cc to M/s.Special Government Pleader,SR.No. 95390
W.P(MD)No.17339 of 2018 14.11.2018
VSN
KK/RP/SAR-4/20.11.2018/2P-4C
1 issue framed by the court
Whether the Respondent Divisional Officer is directed to release the seized vehicle to the Petitioner under specific conditions?
1 provisions across 1 enactments
J. Velakanni
The Revenue Divisional Officer, Devakkottai
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
