Partly allowed

Athikesavan v. The Revenue Divisional Officer

Madras HC19 Jun 2019WP/12932/2019

Case brief

AI extract

What is this about?

This petitioners writ petition sought mandamus to release a Mahindra vehicle seized for illegal sand transport. The court directed return within 7 days if the petitioner accepted conditions including a deposit, bond, and undertaking to avoid misuse.

What did the court decide?

Release of vehicle within 7 days subject to deposit, bond, undertaking and restriction on alienation.

Athikesavan Vs The Revenue Divisional Officer — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.06.2019

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CORAM

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

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Writ Petition No.12932 of 2019

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Athikesavan ...Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Thiruvannamalai, Thiruvannamalai District. 2.State by, The Sub-Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District, Crime No.244 of 2019. ... 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 consider the petitioners representation dated 10.04.2019 and further directing the 2^nd respondent to return the petitioners Mahindra and Mahindra “Pick Up” Vehicle bearing Registration No.TN 29 BD 5135 from the custody of the 2^nd respondent.

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For Petitioner : Mr.S.Silambuselvan For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader **** O R D E R

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[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 consider the petitioners representation dated 10.04.2019 and further direct the 2^nd respondent to return the petitioners Mahindra and Mahindra “Pick Up” Vehicle bearing Registration No.TN 29 BD 5135 on the custody of the 2^nd 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 respondents have seized the vehicle in question on 22.03.2019 on the ground of illegal carrying of 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 sand and hence, the vehicle was seized. He further submitted 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.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.

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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

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https://hcservices.ecourts.gov.in/hcservices/ enquiry to be conducted by the respondents.

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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(CS)

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//True Copy//

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Sub Assistant Registrar

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To
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Thiruvannamalai,
Thiruvannamalai District.
2.The Sub-Inspector of Police,
Arani Taluk Police Station,
Thiruvannamalai District,
+1cc to Mr.S.Silambuselvan , Advocate SR.No. 50724
Writ Petition No.12932 of 2019
A.SK(05/07/2019)

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

Athikesavan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Athikesavan 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

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