Disposed

Mrs.P.Radha, v. The Revenue Divisional Officer

Madras HC11 Jun 2019WP/13178/2019

Case brief

AI extract

What is this about?

This order discharged a writ petition seeking the release of a seized lorry. The High Court directed the release of the vehicle within 7 days subject to three financial conditions, two undertakings, and participation in the ongoing inquiry.

What did the court decide?

Directed release of seized lorry within 7 days subject to deposit of Rs.10,000, execution of personal bond with sureties, undertaking against future illegal use, prohibition on alienation, and partici

Mrs.P.Radha, Vs The Revenue Divisional Officer — Madras HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.06.2019

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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.13178 of 2019

P.Radha

...Petitioner

The Revenue Divisional Officer, Kanchipuram,

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Kanchipuram District.

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The Assistant Director of Geology and Mining, Kanchipuram,

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Kanchipuram District.

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Sub Inspector of Police, S6, Sankar Nagar Police Station, Chennai - 600 043.

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... 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 third respondent to release the Tipper lorry bearing Registration Number TN 21 AW 1543 seized by the third respondent considering the representation dated 20.04.2019.

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For Petitioner : Mr.S.N.Ravikumar

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For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader

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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 third respondent to release the Tipper lorry bearing Registration Number TN 21 AW 1543 seized by the third respondent considering my representation dated 20.04.2019.

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

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Heard learned counsel for the petitioner and learned

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Special Government Pleader for the respondents.

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According to the petitioner, the respondents have seized

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the vehicle on the ground of illegal carrying of M.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 M.sand and hence, the vehicle was seized. He would further submit 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 respondent is 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.10,000/- (Rupees Ten 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 respondent/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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Sd/-

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Assistant Registrar (CS-)

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//True Copy//

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Sub Assistant Registrar

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Av To 1. The Revenue Divisional Officer, Kanchipuram, Kanchipuram District. 2. The Assistant Director of Geology and Mining, Kanchipuram, Kanchipuram District. 3. Sub Inspector of Police, S6, Sankar Nagar Police Station, Chennai - 600 043. +1cc to Mr.S.N.Ravikumar, Advocte, sr.no.50681

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Writ Petition No.13178 of 2019

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RMP(02/07/2019)

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

Mrs.P.Radha, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Mrs.P.Radha, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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