Allowed

R.Vediappan v. The Assistant Director

Madras HC16 Aug 2019WP/23963/2019

Case brief

AI extract

What is this about?

Under Article 226, the Court quashed the non-release of the petitioner's vehicle seized for illegal sand transport and ordered its release within seven days contingent upon depositing security, executing a bond, and undertaking not to alienate or misuse the vehicle.

What did the court decide?

Direction to release the vehicle within 7 days subject to deposit of Rs.75,000, execution of bond, and an undertaking not to alienate or misuse the vehicle.

R.Vediappan Vs The Assistant Director — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.08.2019

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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.23963 of 2019
R. Vediappan,
S/o. Mr.Raja ...Petitioner
Vs
1. The Assistant Director,
Geology and Mines,
Namakkal.
2. The Tahsildhar,
Mohanur Taluk, Mohanur,
Namakkal District.
3. The Inspector of Police,
Velur Police Station,
Namakkal 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 the vehicle of the petitioner bearing Registration No. TN-52F-5816, Ashok Leyland-AL TUSKER SUPER forthwith.

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For Petitioner : Mr.M.R. Jothimanian For Respondents: Mr.E. Balamurugan Special Government Pleader *****

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[Order was made by R.SUBBIAH, J]

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the vehicle of the petitioner bearing Registration No.TN-52-F-5816, Ashok Leyland-AL TUSKER SUPER forthwith.

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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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According to petitioner, respondents have seized the vehicle in question on 11.07.2019 on the ground of illegal carrying of river sand and till date, no order for release of the said vehicle had been passed by 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 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 one 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)Since petitioner has one previous case, petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy 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/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
gm
To
1. The Assistant Director,
Geology and Mines,
Namakkal.
2. The Tahsildhar,
Mohanur Taluk, Mohanur,
Namakkal District.
3. The Inspector of Police,
Velur Police Station,
Namakkal District.
+1cc to Mr.M.R.Jothimanian , Advocate SR.No. 69858
Writ Petition No.23963 of 2019
A.SK(28/08/2019)

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

R.Vediappan v. The Assistant Director

Case brief

What is this about?

What did the court decide?

R.Vediappan v. The Assistant Director

Case brief

What is this about?

What did the court decide?

What the court decided

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