Allowed

J.Rajini v. The Revenue Divisional Officer

Madras HC24 Jun 2019WP/16716/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking release of a seized tractor-trailer allegedly used for illegal sand transportation. The court directed the respondents to release the vehicle within 7 days upon deposit of money, execution of a personal bond, undertaking for non-violation of law, non-alienation, and participation in the enquiry.

What did the court decide?

Respondents directed to release the seized vehicle within 7 days subject to deposit of Rs.25,000, execution of personal bond of Rs.10,000, undertaking against illegal use, non-alienation, and particip

J.Rajini Vs The Revenue Divisional Officer — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.06.2019

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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.16716 of 2019

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J.Rajini ...Petitioner
Vs
1. The Revenue Divisional Officer,
Tiruttani,
Tiruvallur District.
2. The Sub-Inspector of Police,
R.K.Pet Police Station,
R.K.Pet,
Tiruvallur 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 the respondents to release and return back the vehicle tractor with trailer Vehicle bearing Registration AP 03 CD 5897 and AP 07 TA 2792, to the petitioner.

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For Petitioner : Mr.B.Jawahar

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For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader

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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 and return back the vehicle tractor with trailer Vehicle bearing Registration AP 03 CD 5897 and AP 07 TA 2792, to the petitioner.

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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 second respondents has seized the vehicle in question on 02.11.2018 on the ground of illegal carrying of river sand, and till date, no order for release of the said vehicle had been passed by 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 river sand 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 respondent is 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.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 nonrefundable 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 respondent/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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https://hcservices.ecourts.gov.in/hcservices/

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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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(vi)

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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

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//True Copy//
Sub Assistant Registrar
av
To
1. The Revenue Divisional Officer,
Tiruttani,
Tiruvallur District.
2. The Sub-Inspector of Police,
R.K.Pet Police Station,
R.K.Pet,
Tiruvallur District.
+1cc to Mr.B.Jawahar, Advocate, SR. No. 52258
+1cc to The Government Pleader, SR. No. 52385
Writ Petition No.16716 of 2019
RK(CO)
RMP(05/07/2019)

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

J.Rajini v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

J.Rajini v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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