Disposed

C.Siva v. The Tahsildar

Madras HC20 Jun 2019WP/17306/2019

Case brief

AI extract

What is this about?

The Court directed the release of the petitioner's Tipper Lorry seized for illegal sand mining, subject to deposit funds, execution of a personal bond, undertaking not to use the vehicle illegally, non-alienation during proceedings, and participation in the enquiry.

What did the court decide?

Directed release of vehicle within 7 days subject to deposit of Rs.50,000, execution of bond of Rs.10,000, undertaking, non-alienation, and participation in enquiry.

C.Siva Vs The Tahsildar — Property and Title | 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.17306 of 2019

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C.Siva
S/o.Chinnasamy ...Petitioner

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*The Tahsildar,

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O/o Anaikattu Tahsildar Office, Anaikattu Taluk, Vellore District.

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The State represented by The Inspector of Police, Virinchipuram Police Station, Vellore District.

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Crime No.292 of 2019 ... 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 second respondent to release petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-23-CZ-5766, seized by second respondent on 13.06.2019.

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For Petitioner : Mr.A.Vijayakumar

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

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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 second respondent to release petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-23-CZ-5766, seized by second respondent on

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

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13.06.2019.

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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 13.06.2019 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.50,000/- (Rupees Fifty 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.

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Assistant Registrar Dated:28/06/2019

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*Corrected as per the order
of this Court dated 13.08.2019
in WMP 22755 of 2019
in WP No.17306 of 2019
Sd/-
Assistant Registrar(CS VI)
Dated:26/08/2019
//True Copy//
Sub Assistant Registrar
gm
To
1. *The Tahsildar, To be substituted the
O/o Anaikattu Tahsildar Office, order already
Anaikattu Taluk, despatched on
Vellore District. 29.07.2019
2. The Inspector of Police,
Virinchipuram Police Station,
Vellore District.
+1cc to Mr.A.Vijayakumar, Advocate, S.R.No. *69209
+1cc to the Government Pleader, S.R.No. *69780

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Writ Petition No.17306 of 2019 SAI(CO) RMP(01/07/2019) srg 26/08/2019

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

C.Siva v. The Tahsildar

Case brief

What is this about?

What did the court decide?

C.Siva v. The Tahsildar

Case brief

What is this about?

What did the court decide?

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