Disposed

G.Kannan, v. the Sub-Collector Cum the

Madras HC28 Nov 2018WP(MD)/21516/2018

Case brief

AI extract

What is this about?

Petitioner challenged retention of his lorry seized for illegal sand transport. Court directed respondent to release vehicle within 7 days subject to ownership proof, security deposit, and undertaking against future illegal activities.

What did the court decide?

Vehicle to be released within 7 days subject to deposit of Rs.50,000, proof of ownership, and undertaking against illegal use.

G.Kannan, Vs the Sub-Collector Cum the — Property and Title | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2018 CORAM:

¶3

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

¶4

W.P(MD)No.21516 of 2018

¶5

G.Kannan ... Petitioner

¶6

Vs.

¶7

1.The Sub Collector cum the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

¶8

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District. ... Respondents

¶9

Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the first respondent to release the petitioner's vehicle of lorry, bearing Registration No.TN-75-F-3521 from the custody of the second respondent's police and to hand over the above vehicle to the petitioner by considering the petitioner's representation, dated 10.10.2018.

¶10

For Petitioner : Mr.M.S.Jeyakarthik

¶11

For Respondents : Mr.S.Dhayalan,

¶12

Government Advocate.

¶13

ORDER

¶14

This writ petition has been filed seeking a writ of Mandamus, to direct the first respondent to release the petitioner's vehicle of lorry, bearing Registration No.TN-75-F-3521 from the custody of the second respondent's police and to hand over the above vehicle to the petitioner by considering the petitioner's representation, dated 10.10.2018.

¶15

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

¶16

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.

¶17

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

¶18

In any event, as the vehicle is under the custody of the official respondent from the date of seizing and considering the https://hcservices.ecourts.gov.in/hcservices/ 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.

¶19

¶20

Therefore, this Court is of the view that the vehicle may be released by imposing conditions on the petitioners for release of the same.

¶21

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:

¶22

“(i) The petitioner shall produce necessary

¶23

documents before the concerned respondent to establish the ownership of the vehicle in question;

¶24

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

¶25

(iii) The petitioner shall give an undertaking

¶26

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;

¶27

(iv) On doing so, the vehicle in question shall be

¶28

returned to the petitioner;

¶29

(v) The petitioner shall not alienate the vehicle

¶30

in question till the disposal of the proceedings before the authority concerned; and

¶31

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

¶32

However, it is made clear that if the vehicle involves in the crime for the second time, the concerned respondent shall not release the vehicle.

¶33

With the above direction, this Writ Petition is disposed

¶34

of. No costs.

¶35

Sd/Assistant Registrar(CS-III)

¶36

/True Copy/

¶37

Sub Assistant Registrar(CS-II)

¶38

¶39

1.The Sub Collector cum the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

¶40

2.The Inspector of Police,

¶41

Paramakudi Town Police Station, Ramanathapuram District.

¶42

+1CC to Mr.M.S.Jeyakarthik, Advocate, SR.No.97580

¶43

+1CC to the Special Government Pleader SR.No. 97622

¶44

W.P(MD)No.21516 of 2018 28.11.2018

¶45

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

¶46

¶47

ES/SKN/RSK/SAR 2/30.11.2018/2P/5C

G.Kannan, v. the Sub-Collector Cum the

Case brief

What is this about?

What did the court decide?

G.Kannan, v. the Sub-Collector Cum the

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R. Cheralathan, Vs the President

S.Aauri, Vs the Tahsildar

S. Muthuraman Vs the Executive Engineer

Sathappan, Vs the District Collector

Kamuthayammal Vs Hindu Religious and Charitable

M.Ashok Manikandan, Vs the Registrar of Birth and