Disposed

Mrs.v.Padma v. The Revenue Divisional Officer

Madras HC10 Jun 2019WP/13110/2019

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus for the release of a vehicle seized by police authorities for alleged illegal transportation of mine sand. The High Court deemed the vehicle addressable but ordered its release subject to strict conditions, including a non-refundable deposit, a personal bond with sureties, an undertaking against future illegal use, and participation in the pending inquiry.

What did the court decide?

The vehicle was directed to be released within 7 days subject to a Rs.25,000 deposit with Tahsildar, execution of a Rs.10,000 personal bond with sureties, an undertaking against illegal use, non-alien

Mrs.v.Padma Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 10.06.2019

¶3

CORAM

¶4

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

¶5

Writ Petition No.13110 of 2019
V.Padma ...Petitioner
Vs
1.The Revenue Divisional Officer,
Collectorate, Rajaji Salai,
Chennai – 1.
2.The Assistant Director of Geology and Mining,
Thiru Vi Ka Industrial Estate,
Guindy, Chennai – 32.
3.The Sub-Inspector of Police,
K2 Aynavaram Police Station,
Chennai – 600 023. ... Respondents
Writ Petition filed under Article 226 of The
Constitution of India praying for the issuance of a Writ of
Mandamus directing the 3 rd respondent to release the lorry
bearing registration No.TN-20-AQ-9969 seized by the 3 rd
respondent considering the petitioner representation dated
16.04.2019.

¶6

For Petitioner : Mr.S.N.Ravikumar For Respondents: Mr.E.Balamurugan Special Government Pleader ***** O R D E R [Order was delivered by R.SUBBIAH,J]

¶7

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the 3^rd respondent to release the lorry bearing registration No.TN-20-AQ-9969, seized by the 3^rd respondent.

¶8

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

¶9

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

¶10

According to the petitioner, the 3^rd respondent has seized the vehicle in question on 23.12.2018 on the ground of illegal carrying silt 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.

¶11

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 silt sand and hence, the vehicle was seized. He would further submit that the petitioner has no previous case.

¶12

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.

¶13

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):

¶14

(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.

¶15

(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.

¶16

(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.

¶17

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

¶18

https://hcservices.ecourts.gov.in/hcservices/ (v)The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶19

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

¶20

Sd/-

¶21

Assistant Registrar(CS)

¶22

//True Copy//
Sub Assistant Registrar
mrp/mtl
To
1.The Revenue Divisional Officer,
Collectorate, Rajaji Salai,
Chennai – 1.
2.The Assistant Director of Geology and Mining,
Thiru Vi Ka Industrial Estate,
Guindy, Chennai – 32.
3.The Sub-Inspector of Police,
K2 Aynavaram Police Station,
Chennai – 600 023.
+1cc to Mr.S.N.Ravikumar , Advocate SR.No. 46428
Writ Petition No.13110 of 2019
A.SK(18/06/2019)

¶23

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

Mrs.v.Padma v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Mrs.v.Padma 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

Mohammed Niyamathullahkhazi Vs The Additional Chief Secretary

V.Manikantan Vs The Principal District Judge

M.Sadeesh Kumar, Vs The Principal District Judge

G.Bharath Vs The District Collector

G.Nagaraj Vs The Inspector of Police

R.Mohan Vs the Sub Collector