Disposed

A.Govindasamy v. The Sub Collector / Revenue

Madras HC20 Jun 2019WP/16615/2019

Case brief

AI extract

What is this about?

The petitioner sought release of a tractor seized for illegal sand transport. The court ordered release on conditions including a deposit, bond, undertaking against illegal use, and participation in the inquiry.

What did the court decide?

Directive to release the seized vehicle within 7 days subject to a non-refundable deposit, personal bond with sureties, undertaking against illegal use, and participation in the inquiry.

A.Govindasamy Vs The Sub Collector /… — Constitutional and Fundamental Rights | 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 and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.16615 of 2019

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A.Govindasamy
S/o.Arumugam ...Petitioner
Vs
1.The Sub-Collector/Revenue
Divisional Officer,
Office of the Sub-Collector,
Vellore, Vellore District.
2.The Tahsildar,
Gudiyatham,
Vellore District.
3.The Inspector of Police,
Gudiyatham Taluk Police Station,
Vellore 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 first respondent to release the petitioner's vehicle viz., Tractor bearing Registration No.TN-23-BQ-2808 and Trailer No.Nil.

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For Petitioner : Mr.D.Balaji For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing first respondent to release the petitioner's vehicle viz., Tractor bearing Registration No.TN-23-BQ-2808 and Trailer No.Nil, seized by third respondent on 02.06.2019.

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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 02.06.2019 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.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/Assistant Registrar(J)

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//True Copy//

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Sub Assistant Registrar

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To
1.The Sub-Collector/Revenue Divisional Officer,
Office of the Sub-Collector,
Vellore, Vellore District.
2.The Tahsildar,
Gudiyatham,
Vellore District.
3.The Inspector of Police,
Gudiyatham Taluk Police Station,
Vellore District.
+2 cc to Mr.D.Balaji, Advocate, Sr.No. 50886
+ cc to The Government Pleader, Sr.No. 51654
Writ Petition No.16615 of 2019
CSL/02.07.2019

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

A.Govindasamy v. The Sub Collector / Revenue

Case brief

What is this about?

What did the court decide?

A.Govindasamy v. The Sub Collector / Revenue

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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