Allowed

R.Sivakumar v. The Assistant Director

Madras HC11 Jun 2019WP/12188/2019

Case brief

AI extract

What is this about?

The High Court granted a writ of mandamus directing the release of the petitioner's empty lorry seized for alleged illegal mining, subject to depositing a non-refundable amount, executing a bond with sureties, and giving an undertaking against future illegal use.

What did the court decide?

The vehicle is directed to be released within 7 days upon deposit of Rs.10,000 as non-refundable contribution to the District Mines and Minerals Foundation Trust, execution of a personal bond with two

R.Sivakumar Vs The Assistant Director — Property and Title | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 11.06.2019

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶5

Writ Petition No.12188 of 2019

¶6

R.Sivakumar
S/o.Ranganathan ...Petitioner
Vs
1.The Assistant Director,
Department of Geology and Mines,
Collectorate,
Thiruvallur District.
2.The State, rep., by its,
The Inspector of Police,
T-5, Thiruverkadu Police Station,
Chennai- 600 077. ... Respondents

¶7

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 vehicle bearing Registration Number. TN-12-Q6325 (Empty Lorry) seized on 28.11.2018 by the second respondent in Crime No.1267 of 2018 pending on the file of the second respondent to the petitioner.

¶8

For Petitioner : Mr.M.Ravikumar
For Respondents: Mr.E.Balamurugan
Special Government Pleader
*****
O R D E R

¶9

[Order was delivered by R.SUBBIAH,J]

¶10

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's empty lorry bearing registration Number TN-12-Q6325, seized by the second respondent.

¶11

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

¶12

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

¶13

According to the petitioner, the respondents have seized the vehicle in question on 28.11.2018 on the ground of illegal carrying of clay 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.

¶14

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 clay sand and hence, the vehicle was seized. He would further submit that the petitioner has no previous case.

¶15

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.

¶16

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):

¶17

(i)The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten 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.

¶18

(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.

¶19

(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.

¶20

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

¶21

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

¶22

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

¶23

With the above observations and directions, this Writ
Petition is disposed of. No costs.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
sbn
To
1.The Assistant Director,
Department of Geology and Mines,
Collectorate,
Thiruvallur District.
2.The State, rep., by its,
The Inspector of Police,
T-5, Thiruverkadu Police Station,
Chennai- 600 077.
+1cc to Mr.M.Ravikumar, Advocate, S.R.No.46608
+1cc to the Government Pleader, S.R.No.48082
Writ Petition No.12188 of 2019
RRS(21/06/2019)

¶24

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

R.Sivakumar v. The Assistant Director

Case brief

What is this about?

What did the court decide?

R.Sivakumar v. The Assistant Director

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

G.Bharath Vs The District Collector

G.Nagaraj Vs The Inspector of Police

R.Mohan Vs the Sub Collector

Manjunath Vs The District Revenue Officer

Mrs.P.Radha, Vs The Revenue Divisional Officer

K.Arikandan, Vs The District Revenue Officer