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R.Thanchayani v. The Revenue Divisional officer

Madras HC6 Jun 2019WP/15389/2019

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Madras directed the release of a seized Mini Load Van to the petitioner. The vehicle was impounded for alleged illegal transportation of river sand. The order imposed specific conditions, including monetary deposits, a personal bond, and an undertaking against future illegal activities.

What did the court decide?

Direction to respondents to release the seized vehicle within 7 days subject to deposit of Rs.25,000, execution of a bond for Rs.10,000, and submission of an undertaking.

R.Thanchayani Vs The Revenue Divisional officer — Public Procurement and Tenders | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.06.2019

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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.15389 of 2019

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R.Thanchayani
W/o.Ramu ...Petitioner
Vs
1. The Revenue Divisional Officer,
Madhurandhagam,
Kancheepuram District.
2. The Sub-Inspector of Police,
G5, Chunampet Police Station,
Chunampet, Kancheepuram,
Tamil Nadu – 603 401. ...Respondents
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 seized Mini Load Van bearing
Registration No.TN-19-AY-9577, seized on 19.05.2019 by
respondents to petitioner.

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For Petitioner : Mr.E.Martin Jayakumar
For Respondents : Mr.K.S.Suresh
Government Advocate

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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 seized Mini Load Van bearing Registration No.TN-19AY-9577, seized by respondents on 19.05.2019.

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Heard learned counsel for petitioner and learned Government Advocate for respondents.

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

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Learned counsel for petitioner submits that respondents have seized the vehicle in question on 19.05.2019 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 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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(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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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/-
Joint Registrar (Judicial)
//True Copy//
Sub Assistant Registrar
gm
To
1. The Revenue Divisional Officer,
Madhurandhagam,
Kancheepuram District.
2. The Sub-Inspector of Police,
G5, Chunampet Police Station,
Chunampet, Kancheepuram,
Tamil Nadu – 603 401.
Writ Petition No.15389 of 2019
VGI(CO)
SSM(14/06/2019)

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

R.Thanchayani v. The Revenue Divisional officer

Case brief

What is this about?

What did the court decide?

R.Thanchayani v. The Revenue Divisional officer

Case brief

What is this about?

What did the court decide?

What the court decided

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