Disposed

S.Pachiyappan v. The District Collector

Madras HC25 Jun 2019WP/10731/2019

Case brief

AI extract

What is this about?

High Court directed release of a vehicle seized due to alleged illegal sand transportation. The court allowed it subject to a non-refundable deposit, personal bond with sureties, undertaking against future illegal use, non-alienation, and participation in enquiry.

What did the court decide?

Release of vehicle within 7 days subject to deposit, bond, undertaking, non-alienation, and participation in enquiry.

S.Pachiyappan Vs The District Collector — Land Acquisition | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 25.06.2019

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

and

¶6

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶7

W.P.No.10731 of 2019

¶8

Mr.S.Pachaiyappan, S/o. Mr. Suramani .. Petitioner

¶9

..vs..
1. The District Collector,
Kancheepuram District.
2. The Revenue Divisional Officer,
Kancheepuram District.
3. The Tahsildar,
Kancheepuram Taluk,
Kancheepuram District.

¶10

The Inspector of Police, Baluchettychathram Police Station, Kancheepuram District. .. Respondents (Cause title amended vide order dt.12/06/19 made in WMP.No.12866/19 in WP.NO.10731/19)

¶11

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1^st to 3^rd respondents to direct the 4^th respondent to release the petitioner's vehicle namely Mahindra & Mahindra Maxximo Load Car Tata Ace, bearing Registered No. TN-21-AM-0562, Chasis No.MAIFA2MCRC6E11191, and Engine No. MCC6E24087.

¶12

For Petitioner : Mr.V.Logeswaren

¶13

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the 1^st to 3^rd respondents to direct the 4^th respondent to release the petitioner's vehicle namely Mahindra & Mahindra Maxximo Load Car Tata Ace, bearing Registered No. TN-21-AM-0562, Chasis No.MAIFA2MCRC6E11191, and Engine No. MCC6E24087.

¶14

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

¶15

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

¶16

According to the petitioner, the respondents have seized the vehicle in question on 16.05.2018 on the ground of illegal carrying of river sand and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.

¶17

On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like river sand and there was no valid permit and hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

¶18

In any event, as the vehicle is under the custody of the fourth respondent from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.

¶19

Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii):

¶20

(i)The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

¶21

(ii)The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

¶22

(iii)The petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle.

¶23

(iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

¶24

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

¶25

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

¶26

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

¶27

Sd/-
Deputy Registrar(CS)
//True Copy//
Sub Assistant Registrar
mp/gm
To
1. The District Collector,
Kancheepuram District.
2. The Revenue Divisional Officer,
Kancheepuram District.
3. The Tahsildar,
Kancheepuram Taluk,
Kancheepuram District.
4. The Inspector of Police,
Baluchettychathram Police Station,
Kancheepuram District.
+1cc to the Government Pleader, S.R.No.53466
W.P.No.10731 of 2019
RSG(CO)
RRS(03/07/2019)

¶28

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

S.Pachiyappan v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Pachiyappan v. The District Collector

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

Pachaiyappa`S Trust Board Vs Dr.P.Santhi

Akramkhan Vs The District Revenue Officer

J.Rajini Vs The Revenue Divisional Officer

B.Vivekanandan Vs The Revenue Divisional Officer

G. Sekar, Vs the Sub Collector / Revenue Divisional Officer

M.Saravanan Vs the Sub Collector / Revenue Divisional Officer