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M. Kanthan v. The Assistant Director

Madras HC19 Aug 2019WP/24095/2019

Case brief

AI extract

What is this about?

The petitioner sought the release of a seized lorry used for illegal sand transport. The court granted a writ of mandamus directing the release within seven days subject to a refundable deposit, personal bond, undertaking against future illegal use, prohibition on alienation, and mandatory participation in the enquiry.

What did the court decide?

The vehicle is directed to be released within 7 days upon compliance of conditions: deposit of Rs.50,000, personal bond of Rs.10,000, undertaking against illegal use, non-alienation, and participation

M. Kanthan Vs The Assistant Director — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.08.2019

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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.24095 of 2019

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M.Kanthan S/o.Murugan ...Petitioner Vs

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1.The Assistant Director, Mines and Minerals Department, The District Collector Office, Tiruvarur District.

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2.The Revenue Divisional Officer,
Mannargudi. ... 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., Tata Motors Tipper Lorry Goods Carrier Model bearing Registration No.TN-85-F-9599 within a stipulated time.

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For Petitioner : Mr.A.Selvendran For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader O R D E R [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 petitioner's vehicle viz., Tata Motors Tipper Lorry Goods Carrier Model bearing Registration No.TN-85-F-9599, which is in the custody of second respondent.

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Heard learned counsel for petitioner and learned Special Government Pleader for respondents.

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According to petitioner, the vehicle in question was seized on 25.07.2019 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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https://hcservices.ecourts.gov.in/hcservices/

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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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(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents. With the above observations and directions, this Writ

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Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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

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1.The Assistant Director, Mines and Minerals Department, The District Collector Office, Tiruvarur District.

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2.The Revenue Divisional Officer, Mannargudi.

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+1cc to Mr.A.Selvendran, Advocate, S.R.No. 70897
Writ Petition No.24095 of 2019
SJ(CO)
GN(21/08/2019)

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

M. Kanthan v. The Assistant Director

Case brief

What is this about?

What did the court decide?

M. Kanthan v. The Assistant Director

Case brief

What is this about?

What did the court decide?

What the court decided

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