Disposed

G.Bharath v. The District Collector

Madras HC10 Jun 2019WP/11863/2019

Case brief

AI extract

What is this about?

This Court disposed of a Writ Petition filed under Article 226. The petitioner sought release of a truck seized by police for illegal transport of sand. The Court directed release upon the petitioner's compliance of five conditions, including a security deposit, a bond, an undertaking not to use the vehicle for illegal activities, and compliance with ongoing proceedings.

What did the court decide?

Release of the seized vehicle directed within 7 days subject to deposit of Rs.50,000, personal bond, undertaking, and participation in inquiry.

G.Bharath Vs The District Collector — Labour and Industrial Disputes | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.11863 of 2019

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G.Bharath

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...Petitioner

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Vs
1.The District Collector,
Thiruvallur, Thiruvallur District.
2.The Tahsildar,
Thiruvallur Taluk,
Thiruvallur District.
3.The Inspector of Police,
Mappedu Police Station,
Thiruvallur Taluk,
Thiruvallur District. ... Respondents

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Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to release the Petitioner's vehicle TATA SK 1613/36 Box Tipper bearing Registration No:TN-10-K-8681, which was seized by the mappedu police station in Crime No.379 of 2018 dated 26.09.2018 for the offence U/s 379, 430 of IPC r/w 21(1) MMDR Act based on petitioner's representation dated 04.04.2019.

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For Petitioner : Mr.P.Balamurugan For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader ***** O R D E R [Order was delivered by R.SUBBIAH,J]

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the Respondents to release the Petitioner's vehicle TATA SK 1613/36 Box Tipper bearing Registration No:TN-10-K-8681, seized by the 3^rd respondent.

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

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

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According to the petitioner, the 3^rd respondent has seized the vehicle in question on 26.09.2018 on the ground of illegal carrying of 2 unit of lake 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.

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

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In any event, as the vehicle is under the custody of the respondents 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.

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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):

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(i)The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty 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.

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(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.

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(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.

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

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

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

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

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Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
mrp/mtl
To
1.The District Collector,
Thiruvallur, Thiruvallur District.
2.The Tahsildar,
Thiruvallur Taluk,
Thiruvallur District.
3.The Inspector of Police,
Mappedu Police Station,
Thiruvallur Taluk,
Thiruvallur District.
+1cc to Mr.P.Balamurugan, Advocate, S.R.No.46014
+1cc to the Government Pleader, S.R.No.47504
Writ Petition No.11863 of 2019
RRS(19/06/2019)

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

G.Bharath v. The District Collector

Case brief

What is this about?

What did the court decide?

G.Bharath v. The District Collector

Case brief

What is this about?

What did the court decide?

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