Disposed

S.Kottesewaran v. The Tahsildar

Madras HC7 Jun 2019WP/12641/2019

Case brief

AI extract

What is this about?

This Court disposed of a writ petition seeking release of a tipper lorry seized on suspicion of illegal sand transportation. The petitioner was directed to release the vehicle subject to depositing money, executing a bond, providing an undertaking, and participating in the enquiry.

What did the court decide?

The vehicle was directed to be released within 7 days upon compliance with five conditions: deposit of Rs.50,000, execution of a bond of Rs.10,000, undertaking, no alienation, and participation in the

S.Kottesewaran Vs The Tahsildar — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.12641 of 2019

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S.Kottesewaran
S/o.Sekar ...Petitioner
Vs
1.The Tahsildar,
Chetpet Taluk,
Thiruvanamalai District.
2.The Revenue Divisional Officer,
Cheyar, Thiruvannamalai District.
3.The Assistant Director,
Geology and Mines Department,
Thiruvannamalai 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 respondents herein to release the vehicle Tipper Lorry bearing Registration No.TN-05-R-7824 which has been seized by the first respondent on 31.07.2018 and thereby considering the representation dated 15.02.2019.

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For Petitioner : Mr.E.Sivanandan For Respondents: Mr.K.S.Suresh, Government Advocate O R D E R [Order was delivered by R.SUBBIAH, J]

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents herein to release the Tipper Lorry bearing Registration No.TN-05-R-7824, seized by the first respondent on 31.07.2018.

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

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

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Learned counsel for petitioner submits that respondents have seized the vehicle in question on 31.07.2018 on the ground of illegal carrying of sand and till date, no order for release of the said vehicle had been passed by respondents. Hence, he has come forward with the present Writ Petition.

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On the other hand, it is submitted by learned Government Advocate for respondents that the vehicle in question was used for illegal transportation of mines and minerals like river sand and hence, the vehicle was seized. He would further submit that 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)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)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)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)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

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(v)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(CCC)
//True Copy//
Sub Assistant Registrar
AT
To
1.The Tahsildar,
Chetpet Taluk,
Thiruvanamalai District.
2.The Revenue Divisional Officer,
Cheyar, Thiruvannamalai District.
3.The Assistant Director,
Geology and Mines Department,
Thiruvannamalai District.
+1cc to Mr.E.Sivanandan, Advocate Sr.45763
+1cc to the Government Pleader Sr.46270
Writ Petition No.12641 of 2019
BS(CO)
srg 18/06/2019

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

S.Kottesewaran v. The Tahsildar

Case brief

What is this about?

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S.Kottesewaran v. The Tahsildar

Case brief

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