Partly allowed

A.Raji Kumar v. The Revenue Divisional Officer

Madras HC21 Jun 2019WP/12962/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandatory orders to release a seized lorry. The court ordered the respondents to release the vehicle within 7 days subject to conditions including money deposits, execution of bonds, and an undertaking to refrain from illegal activities.

What did the court decide?

Directed respondents to release the lorry within 7 days subject to deposit of Rs.2,000, execution of bond for Rs.10,000, undertaking against illegal use, non-alienation of vehicle, and participation i

A.Raji Kumar Vs The Revenue Divisional Officer — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 21.06.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah and

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The Hon'ble Mr.Justice C.Saravanan

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Writ Petition No.12962 of 2019

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A.Raji Kumar ...Petitioner
Vs.
1. The Revenue Divisional Officer,
Revenue Divisional Office
Maduranthakam,
Kancheepuram District.
2. The Tahsildar
Maduranthakam Taluk
Kancheepuram District.
3. The Assistant Director of
Geology and Mines
Kancheepuram,
Kancheepuram District
...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to release the lorry bearing registration no. TN 02 H 0096 to the petitioner which was seized by the 2^nd respondent on 10.10.2018 pursuant to the representation dated 21.01.2019.

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For Petitioner : M/s.L.Uthaya Kumar For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader O R D E R [Order of the Court was made 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 herein to release the lorry bearing registration no. TN 02 H 0096 to the petitioner which was seized by the 2^nd respondent on 10.10.2018 pursuant to the representation dated 21.01.2019.

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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 10.10.2018 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 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 mixed sand with clay and hence, the vehicle was seized. He further submitted that already on previous case pending against the petitioner.

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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 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.

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

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(i)The petitioner shall deposit a sum of Rs.2,000/- (Rupees Two 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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https://hcservices.ecourts.gov.in/hcservices/

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

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s/dAssistant Registrar(CS VI)

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True Copy
Sub-Assistant Registrar
dpq
To
1. The Revenue Divisional Officer,
Revenue Divisional Office
Maduranthakam,
Kancheepuram District.
2. The Tahsildar
Maduranthakam Taluk
Kancheepuram District.
3. The Assistant Director of
Geology and Mines
Kancheepuram,
Kancheepuram District
+1 CC to Govt. Pleader sr 51790, 51778.
+1 CC to Mr.L.Uthaya Kumar, Advocate sr 50946.
Writ Petition No.12962 of 2019
SP(10/07/2019)

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

A.Raji Kumar v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

A.Raji Kumar v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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