Allowed

Alaiyasamy v. The District Revenue Officer

Madras HC20 Jun 2019WP/13181/2019

Case brief

AI extract

What is this about?

The Court examined a petition seeking issuance of a writ of mandamus to release a vehicle seized for alleged illegal transportation of stones. The Court directed the respondents to release the vehicle within 7 days contingent upon the petitioner meeting five specific conditions including depositing funds and executing a bond.

What did the court decide?

Respondents directed to release the vehicle within 7 days upon deposit of Rs.10,000, execution of bond with two sureties, undertaking against illegal use, non-alienation of vehicle, and participation

Alaiyasamy Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 20.06.2019

¶3

CORAM

¶4

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

¶5

Writ Petition No.13181 of 2019

¶6

Alaiyasamy ...Petitioner
Vs
1.The District Revenue Officer,
Thiruvallur District,
Thiruvallur.
2.The Revenue Divisional Officer,
Ponneri Taluk,
Thiruvallur District.
3.The Tahsildar,
Ponneri Taluk,
Thiruvallur District.
4.The Inspector of Police,
M4 Red Hill Police Station,
Thiruvallur District. ... Respondents
(Cause title amended Vide order dated 11.6.2019
made in WMP.No.15855 of 2019 in WP.13181 of 2019
by RPSJ & CSNJ)

¶7

Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents to release the petitioner's vehicle viz., Tata goods carrier bearing Registration No.TN-02-2358, seized by respondents on 09.09.2018 to the petitioner forthwith based on the petitioner's representation dated 15.04.2019.

¶8

For Petitioner : Mr.P.Chandra Sekar For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader *****

¶9

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

¶10

O R D E R

¶11

[Order was made by R.SUBBIAH, J]

¶12

Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the petitioner's vehicle viz., Tata goods carrier bearing Registration No.TN-02-2358, seized by respondents on 09.09.2018 to the petitioner forthwith based on the petitioner's representation dated 15.04.2019.

¶13

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

¶14

Learned counsel for petitioner submits that respondents have seized the vehicle in question on 09.09.2018 on the ground of illegal carrying of Stones 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.

¶15

On the other hand, it is submitted by learned Special Government Pleader for respondents that the vehicle in question was used for illegal transportation of mines and minerals like stones and hence, the vehicle was seized. He would further submit that petitioner has no previous case.

¶16

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.

¶17

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):

¶18

(i)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.

¶19

(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.

¶20

(iii)Petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use

¶21

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

¶22

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.

¶23

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

¶24

(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶25

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

¶26

Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
gm
1.The District Revenue Officer,
Thiruvallur District,
Thiruvallur.
2.The Revenue Divisional Officer,
Ponneri Taluk,
Thiruvallur District.
3.The Tahsildar,
Ponneri Taluk,
Thiruvallur District.
4.The Inspector of Police,
Red Hill Police Station,
Thiruvallur District.
+1cc to Mr.P.Chandrasekar, Advocate, S.R.No.51003

¶27

Writ Petition No.13181 of 2019 MP(CO) RRS(03/07/2019)

¶28

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

Alaiyasamy v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

Alaiyasamy v. The District Revenue 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

Selvi Vs The Revenue Divisional Officer

Krishnamoorthy Vs The Revenue Divisional Officer

Kuppan Vs The Revenue Divisional Officer

C.Siva Vs The Tahsildar

D.Saravanan Vs The District Collector

A.Govindasamy Vs The Sub Collector / Revenue