Disposed

Samuel v. The District Collector

Madras HC21 Jun 2019WP/17205/2019

Case brief

AI extract

What is this about?

This writ petition sought release of a tractor and trailer seized by authorities. The Court directed the release of the vehicle within 7 days upon compliance with specific conditions including security deposit, personal bond with sureties, and undertaking against illegal use.

What did the court decide?

Directed respondents to release the seized vehicle within 7 days upon compliance with conditions of deposit, bond, undertaking, and undertaking to participate in inquiry.

Samuel Vs The District 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 : 21.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.17205 of 2019

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Samuel
S/o.Subramani ...Petitioner
Vs
1.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Mettur,
Salem District.
3.The Tasildhar,
Omalur Taluk Office,
Salem District.
4.Assistant Director,
Department of Geology and Mining,
Salem District,
Salem. ... Respondents
Writ Petition filed under Article 226 of The
Constitution of India praying for the issuance of a Writ of
Mandamus directing the respondents No 1 to 4 to release the
Tractor and Trailer bearing registration No.TN 30 AT 1427
to the petitioner which was seized by the fourth respondent
on 08.06.2019 pursuant to the representation dated
11.06.2019.

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For Petitioner : Mr.T.Muruganantham For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader

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

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O R D E R

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[Order was delivered by R.SUBBIAH,J]

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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 the petitioner's Tractor and Trailer bearing registration No.TN 30 AT 1427 , seized by the fourth respondent.

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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 respondents have seized the vehicle in question on 08.06.2019 on the ground of illegal carrying of stones 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 stones 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 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)The 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)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

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https://hcservices.ecourts.gov.in/hcservices/ respondents/authority concerned stating that he will not use the vehicle in question for any illegal activities in

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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)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

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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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With the above observations and directions, this Writ Petition is disposed of. No costs.

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Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
dpq
To
1.The District Collector,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Mettur,
Salem District.
3.The Tasildhar,
Omalur Taluk Office,
Salem District.
4.Assistant Director,
Department of Geology and Mining,
Salem District,
Salem.
+1cc to Mr. T.Muruganantham, Advocate SR.No. 51294
+1 cc to Government Pleader Sr.No. 51784

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Writ Petition No.17205 of 2019 A.SK(05/07/2019)

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

Samuel v. The District Collector

Case brief

What is this about?

What did the court decide?

Samuel v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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