Allowed

D.Saravanan v. The District Collector

Madras HC20 Jun 2019WP/16204/2019

Case brief

AI extract

What is this about?

This Court allowed a Writ Petition under Article 226 directing respondents to release the petitioner's seized heavy goods vehicle within seven days, conditional upon payment of a deposit, execution of a bond, providing an undertaking against future illegal activities, and participation in the enquiry.

What did the court decide?

Release of the seized vehicle within 7 days subject to payment of deposit, execution of bond, undertaking, and participation in the enquiry.

D.Saravanan Vs The District Collector — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.06.2019

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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.16204 of 2019

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D.Sararvanan
S/o.Dhanapal ...Petitioner
Vs
1. The District Collector,
Kancheepuram District.
2. The Revenue Divisional Officer,
Kancheepuram District.
3. The Tahsildar,
Kancheepuram Taluk,
Kancheepuram District.
4. The Inspector of Police,
Kanchi Taluk Police Station,
Kancheepuram 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 1 to 3 to direct the fourth respondent to release the petitioner's Heavy Goods Vehicle viz., Earth Moving Equipments LMV JCB India Ltd., bearing Registration No.TN-21-BE5146, Chassis No.HAR3DXSSK02590495 and Engine No.H0015854.

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For Petitioner : Mr.V.Logeswaren 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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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents 1 to 3 to direct the fourth respondent to release the petitioner's Heavy Goods Vehicle viz., Earth Moving Equipments LMV JCB India Ltd., bearing Registration No.TN-21-BE-5146, Chassis

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

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No.HAR3DXSSK02590495 and Engine No.H00158546, seized by fourth respondent on 25.09.2018.

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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 25.09.2018 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 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.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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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.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar
gm
To
1. The District Collector,
Kancheepuram District.
2. The Revenue Divisional Officer,
Kancheepuram District.
3. The Tahsildar,
Kancheepuram Taluk,
Kancheepuram District.
4. The Inspector of Police,
Kanchi Taluk Police Station,
Kancheepuram District.
+1cc to Mr.V.Logeswaren, Advocate, SR. No. 50326
+1cc to The Government Pleader, SR. No.51670

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Writ Petition No.16204 of 2019 SKV(CO) RMP(04/07/2019)

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

D.Saravanan v. The District Collector

Case brief

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D.Saravanan v. The District Collector

Case brief

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