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Dhanasekaran v. The Sub Collector

Madras HC28 Aug 2019WP/23965/2019

Case brief

AI extract

What is this about?

The Court issued a Writ of Mandamus directing respondents to release the petitioner's vehicle seized for illegal transportation of black sand. The Court imposed a non-refundable deposit, a personal bond with sureties, an undertaking against future illegal activities, a prohibition on alienation, and participation in the enquiry as conditions for release.

What did the court decide?

Direct instruction to respondents to release the petitioner's seized lorry within seven days subject to a non-refundable deposit, personal bond, undertaking, and participation in the inquiry.

Dhanasekaran Vs The Sub Collector — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.08.2019

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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.23965 of 2019

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Dhanasekaran
S/o.Chennimalaigounder ...Petitioner
Vs
1.The Sub-Collector,
Namakkal District,
Namakkal.
2.The Assistant Director,
Geological and Mining Department,
Namakkal,
Namakkal District.
3.The Tahsildar,
Rasipuram Taluk,
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 respondents to release the petitioner's vehicle viz., Lorry bearing Registration No.TN-52-H-4876, seized on 18.07.2019, keeping under the custody of third respondent.

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For Petitioner : Mr.K.T.S.Sivakumar

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents to release the petitioner's vehicle viz., Lorry bearing Registration No.TN52-H-4876, seized on 18.07.2019.

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Heard learned counsel for petitioner and learned Special

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

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Government Pleader for respondents.

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According to petitioner, the vehicle in question was seized on 18.07.2019 on the ground of illegal carrying of black sand (Heavy Mineral 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 black sand (Heavy Mineral 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)Since the petitioner illegally has transported black sand (Heavy Mineral Sand), petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh 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)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

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

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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/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar
gm
To
1.The Sub-Collector,
Namakkal District,
Namakkal.
2.The Assistant Director,
Geological and Mining Department,
Namakkal,
Namakkal District.
3.The Tahsildar,
Rasipuram Taluk,
Namakkal District.
+1 cc to Government Pleader sr74686
+1 cc to Mr.K.T.S.Sivakumar Advocate sr73618

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Writ Petition No.23965 of 2019

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aa12/09/2019

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

Dhanasekaran v. The Sub Collector

Case brief

What is this about?

What did the court decide?

Dhanasekaran v. The Sub Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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