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R.Elaiyaperumal v. The Revenue Divisional Officer

Madras HC13 Jun 2019WP/13099/2019

Case brief

AI extract

What is this about?

A judgment in a writ petition issued by Madras High Court directing the second respondent to release a seized lorry upon the petitioner depositing a sum and executing a bond, subject to conditions including participation in an enquiry.

What did the court decide?

Respondents directed to release the seized vehicle within 7 days upon fulfillment of conditions including deposit of Rs.50,000 and execution of bond.

R.Elaiyaperumal Vs The Revenue Divisional Officer — Motor Accident Claims | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.13099 of 2019

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R.Elaiyaperumal
S/o.Late Rajamanickam ...Petitioner
Vs
1. The Revenue Divisional Officer,
Ariyalur District.
2. The Sub-Inspector of Police,
Keelapalur Police Station,
Ariyalur 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 second respondent to release the petitioner's Ashok Leyland Tipper Lorry bearing Registration No.TN-61-D-4626 within a time frame.

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For Petitioner : Mr.N.Elayaraja For Respondents : Mr.K.S.Suresh Government Advocate *****

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing second respondent to release the petitioner's Ashok Leyland Tipper Lorry bearing Registration No.TN-61-D-4626, seized by second respondent on 10.03.2019.

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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 10.03.2019 on the ground of illegal carrying of River 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(J)
//True Copy//
Sub Assistant Registrar
gm
To
1.The Revenue Divisional Officer,
Ariyalur District.
2.The Sub-Inspector of Police,
Keelapalur Police Station,
Ariyalur District.
+1 cc to Mr.N.Elayaraja, Advocate, S.R.No.47809
Writ Petition No.13099 of 2019
SSM(26/06/2019).

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

R.Elaiyaperumal v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

R.Elaiyaperumal v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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