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K.Arikandan, v. The District Revenue Officer

Madras HC11 Jun 2019WP/13899/2019

Case brief

AI extract

What is this about?

The Court granted a Writ of Mandamus directing the respondents to release the petitioner's seized truck within seven days, requiring a non-refundable deposit, execution of a personal bond with sureties, undertaking against future illegal use, and participation in the enquiry.

What did the court decide?

The vehicle was directed to be released within seven days subject to a Rs.10,000 deposit, execution of a personal bond with sureties, an undertaking against illegal use, non-alienation, and participat

K.Arikandan, Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.13899 of 2019

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K.Arikandan
S/o.Kasinathan ...Petitioner
Vs
1.The District Revenue Officer,
Cuddalore,
Cuddalore District.
2.The Sub Divisional Executive Magistrate,
Office of Revenue Divisional Magistrate,
Virudhachalam, Cuddalore District.
3.Inspector of Police,
Virudhachalam Police Station,
Cuddalore District. ... Respondents
Writ Petition filed under Article 226 of The Constitution
of India praying for the issuance of a Writ of Mandamus
directing the respondents to release the petitioner's truck
bearing Registration No.TN-43-Z-5945 seized by the third
respondent on 05.12.2018 and to hand over the same to the
petitioner forthwith.

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For Petitioner : Mr.C.D.Sugumar
For Respondents: Mr.V.Shanmuga Sundar
Special Government Pleader
*****
O R D E R
[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 respondents to release the petitioner's truck bearing Registration No.TN-43-Z5945, seized by the third respondent.

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

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

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According to the petitioner, the respondents have seized the vehicle in question on 05.12.2018 on the ground of illegal carrying of pebbles 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 pebbles 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 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)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 respondents/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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(v)The 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
sbn
To
1.The District Revenue Officer,
Cuddalore,
Cuddalore District.
2.The Sub Divisional Executive Magistrate,
Office of Revenue Divisional Magistrate,
Virudhachalam, Cuddalore District.
3.Inspector of Police,
Virudhachalam Police Station,
Cuddalore District.
+1cc to Mr.C.D.Sugumar, Advocate, S.R.No.46689
+1cc to the Government Pleader, S.R.No.47538
Writ Petition No.13899 of 2019
RRS(21/06/2019)

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

K.Arikandan, v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

K.Arikandan, v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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