Disposed

P.Arumugam v. The Revenue Divisional Officer

Madras HC17 Jun 2019WP/13447/2019

Case brief

AI extract

What is this about?

Petitioner sought release of a tractor seized by Revenue and Police for illegal mining. Court directed release within seven days upon deposit of funds, execution of bond, and undertaking not to use for illegal activities.

What did the court decide?

Vehicle released within 7 days subject to deposit of ₹25,000, personal bond of ₹10,000 with two sureties, undertaking against illegal use, and participation in enquiry.

P.Arumugam Vs The Revenue Divisional Officer — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.06.2019

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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.13447 of 2019

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P.Arumugam S/o.Periyan ...Petitioner

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The Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.

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The Inspector of Police, Keezhakuppam Police Station, Villupuram 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 respondents herein to release the petitioner's vehicle viz., Mahindra 575 DI Tractor cum Tipper bearing Engine No.NABOG1399, Chassis No.NABOG1399 bearing Registration NO.TN-32-AV-2939 and for the custody of vehicle.

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents herein to release the petitioner's vehicle viz., Mahindra 575 DI Tractor cum Tipper bearing Engine No.NABOG1399, Chassis No.NABOG1399 bearing Registration No.TN-32-AV-2939, seized by respondents on 16.12.2018.

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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 16.12.2018 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.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.

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

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

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Sd/-
Deputy Registrar(C.S)
//True Copy//
Sub Assistant Registrar
gm
To
1. The Revenue Divisional Officer,
Kallakurichi Taluk,
Villupuram District.
2. The Inspector of Police,
Keezhakuppam Police Station,
Villupuram District.
+1cc to Mr.V.Gunasekar, Advocate, S.R.No.50237
Writ Petition No.13447 of 2019
RK(CO)
CS/26/06/2019

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

P.Arumugam v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

P.Arumugam v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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