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G.Mohan v. The Revenue Divisional Officer

Madras HC16 Aug 2019WP/23984/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking release of a seized lorry. It directed the respondents to release the vehicle within 7 days subject to the petitioner depositing funds, executing a bond, and providing an undertaking against future illegal activities.

What did the court decide?

Direction to release the lorry within 7 days subject to a deposit of Rs.10,000, execution of a bond, and undertaking.

G.Mohan Vs The Revenue Divisional Officer — 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

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.23984 of 2019

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G.Mohan
S/o. Govindasamy ...Petitioner
-Vs-
1.The Revenue Divisional Officer,
Madhuranthagam,
Kancheepuram District.
2.The Tahsildar,
Cheyyur Taluk,
Kancheepuram 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 Tripper Lorry bearing Registration No. TN-38-Z-1909 which was seized by the 2^nd respondent on 01.07.2017 and thereby consider the representation dated 10.02.2018.

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For Petitioner : Mr.G.Puniakoti For Respondents: Mr.K.S.Suresh Government Advocate O R D E R

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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 Tripper Lorry bearing Registration No.TN-38-Z-1909, which was seized by the 2^nd respondent on 01.07.2017 and thereby consider the representation dated 10.02.2018.

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Heard learned counsel for petitioner and learned Government Advocate for respondents.

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According to petitioner, respondents have seized the

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

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vehicle in question on 01.07.2017 on the ground of illegal carrying of savudu 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 Government Advocate for respondents that the vehicle in question was used for illegal transportation of mines and minerals like savudu 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.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)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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(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents.

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

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

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gm
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Revenue Divisional Officer,
Madhuranthagam,
Kancheepuram District.
2.The Tahsildar,
Cheyyur Taluk,
Kancheepuram District.
+1cc to M/s.G.Punniyakotti, Advocate, SR.No.69830
+1cc to the Govt.Pleader, Vide Sr.No.70263
Writ Petition No.23984 of 2019
Kak(28/08/2019)

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

G.Mohan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

G.Mohan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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