Allowed

K.Nagappa v. The Revenue Divisional Officer

Madras HC21 Jun 2019WP/12589/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking release of a seized tractor and trailer. It ordered the vehicle release after imposing conditions including depositing a sum, executing a bond, giving an undertaking, refraining from alienation, and participating in enquiries.

What did the court decide?

Release of the seized tractor and trailer subject to deposit, bond, undertaking, non-alienation, and participation in enquiry.

K.Nagappa Vs The Revenue Divisional Officer — Environment and Pollution | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 21.06.2019

¶3

Coram

¶4

The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice C.Saravanan

¶5

Writ Petition No.12589 of 2019

¶6

K.Nagappa ...Petitioner Vs. The Revenue Divisional Officer, Hosur Krishnagiri District ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to release the seized Tractor and Trailor bearing Registration No TN-49-AH-0433 seized on 13.04.2019 by the respondent to the petitioner.

¶7

For Petitioner : M/s.G.M.Anantha Kumar For Respondent : Mr.E.Balamurugan Special Government Pleader O R D E R [Order of the Court was made by R.SUBBIAH,J]

¶8

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondent to release the seized Tractor and Trailor bearing Registration No TN-49-AH-0433 seized on 13.04.2019 by the respondent to the petitioner.

¶9

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

¶10

According to the petitioner, the respondent has seized the vehicle in question on 13.04.2019 on the ground of illegal carrying of mixed sand with clay, and till date, no order for release of the said vehicle had been passed by the respondent. Hence, he has come forward with the present Writ Petition.

¶11

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

¶12

On the other hand, it is submitted by learned Special Government Pleader for the respondent that the vehicle in question was used for illegal transportation of mines and minerals like mixed sand with clay and hence, the vehicle was seized. He further submitted that already on previous case pending against the petitioner.

¶13

In any event, as the vehicle is under the custody of the 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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain conditions on the petitioner.

¶14

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 condition Nos.(i) to (iii), which are mentioned below:

¶15

(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.

¶16

(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.

¶17

(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.

¶18

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

¶19

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

¶20

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

¶21

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

¶22

Sd/-
Assistant Registrar (CS-IX)
//True Copy//
Sub Assistant Registrar
dpq
To
The Revenue Divisional Officer,
Hosur
Krishnagiri District
+1 cc to M/s.G.M.Anantha Kumar, Advocate, S.R.No.51030
+1 cc to the Government Pleader, S.R.No.51799
Writ Petition No.12589 of 2019
CP(CO)
SSM(19/07/2019)

¶23

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

K.Nagappa v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

K.Nagappa v. The Revenue Divisional Officer

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

C.Siva Vs The Tahsildar

D.Saravanan Vs The District Collector

Alaiyasamy Vs The District Revenue Officer

A.Raji Kumar Vs The Revenue Divisional Officer

Samuel Vs The District Collector

C.Kuppan Vs The District Collector