Allowed

D.Arumugam v. The District Revenue Officer

Madras HC4 Jun 2019WP/15241/2019

Case brief

AI extract

What is this about?

Petitioner sought writ for release of seized tractor and tipper alleged to be used for illegal river sand transport. Court ordered release within 7 days contingent upon deposit, bond, undertaking, non-alienation, and participation in enquiry.

What did the court decide?

Respondents directed to release the vehicle within 7 days upon complying with conditions of deposit, bond, undertaking, non-alienation, and participation in enquiry.

D.Arumugam Vs The District Revenue… — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.06.2019

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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.15241 of 2019

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D.Arumugam
S/o.Duraisamy ...Petitioner
Vs
1.The District Revenue Officer,
Virudhachalam,
Cuddalore District.
2.The Inspector of Police,
Thittakudi Police Station,
Cuddalore 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 to release the Tractor and Tipper (Mahindra Swaraj Division Tractor and Tipper) of the petitioner bearing Registration No.TN-31-AQ-0661 vehicle, seized by the respondents on 08.04.2019 to the petitioner forthwith based on the petitioner's representation dated 20.05.2019.

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For Petitioner : Mr.S.Nedunchezhiyan

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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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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the petitioner's Tractor and Tipper (Mahindra Swaraj Division Tractor and Tipper) bearing Registration No.TN-31-AQ-0661, seized by respondents on 08.04.2019 forthwith based on the petitioner's representation dated 20.05.2019.

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

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

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Learned counsel for petitioner submits that respondents have seized the vehicle in question on 08.04.2019 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 Special Government Pleader 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.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)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

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respondents/trial Court is/are at liberty to confiscate the vehicle.

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

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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/-

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Assistant Registrar(CCC)

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//True copy//
Sub Assistant Registrar
gm
To
1.The District Revenue Officer,
Virudhachalam,
Cuddalore District.
2.The Inspector of Police,
Thittakudi Police Station,
Cuddalore District.
+1cc to Mr.S.Nedunchezhiyan, Advocate SR.No.44957
Writ Petition No.15241 of 2019
GP(CO)
GMY(07/06/2019)

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

D.Arumugam v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

D.Arumugam v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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