Allowed

Mr. Paramasivam v. The Deputy Director

Madras HC26 Jun 2019WP/17793/2019

Case brief

AI extract

What is this about?

Mandamus petition for release of a tractor seized for alleged illegal sand transporting held that vehicle must be released upon applicant depositing a refundable amount, executing a bond, giving an undertaking for future conduct, and participating in the enquiry.

What did the court decide?

Release of the seized tractor on conditions: deposit Rs. 25,000 with Tahsildar, execute a bond of Rs. 10,000 with sureties, give undertaking against illegal use, refrain from alienation, and participa

Mr. Paramasivam Vs The Deputy Director — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.06.2019

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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.17793 of 2019

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Paramasivam ... Petitioner Vs

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1. The Deputy Director, Department of Geology and Mining, Collectorate Office, Cuddalore, Tamilnadu.

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The Sub Collector,
Office of the Sub Collector,
Chidambaram, Cuddalore District,
Tamilnadu.

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The Inspector of Police, Sethiyathope Police Station, Sethiyathope, Bhuvanagiri Taluk, Cudaalore District. Tamil Nadu. ... 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 the petitioner's Tractor Mahindra 475 DI, bearing Registration No.TN-31-K-6250 seized by the third respondent on 26.11.2018 and handover the same to the petitioner forthwith.

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For Petitioner : Mr.P.R.Thiruneelakandan For Respondents: Mr.E.Bala Murugan, 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 the respondents to release the petitioner's vehicle, viz., Tractor Mahindra 475 DI, bearing Registration No.TN-31-K-6250 within a stipulated period, which is in the custody of respondents.

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

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

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Sd/-
Joint Registrar(J)
//True Copy//
Sub Assistant Registrar
vv
To
1. The Deputy Director,
Department of Geology and Mining,
Collectorate Office, Cuddalore,
Tamilnadu.
2. The Sub Collector,
Office of the Sub Collector,
Chidambaram, Cuddalore District,
Tamilnadu.
3. The Inspector of Police,
Sethiyathope Police Station,
Sethiyathope, Bhuvanagiri Taluk,
Cudaaloe District. Tamil Nadu.

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+1cc to Mr.P.R.Thiruneelakandan, Advocate, S.R.No.53119 +1cc to the Government Pleader, S.R.No.54044

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Writ Petition No.17793 of 2019

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GJII(CO) CS/08/07/2019

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

Mr. Paramasivam v. The Deputy Director

Case brief

What is this about?

What did the court decide?

Mr. Paramasivam v. The Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

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