Allowed

M.Balachandar v. The Revenue Divisional Officer

Madras HC20 Aug 2019WP/24157/2019

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus to release a tractor seized for alleged illegal sand transportation. The single-judge bench allowed the petition, directing release subject to depositing money, executing a bond, giving an undertaking, and participating in the inquiry.

What did the court decide?

Release of the tractor subject to deposit of Rs. 25,000, execution of bond for Rs. 10,000, undertaking against misuse, and participation in the inquiry.

M.Balachandar Vs The Revenue Divisional… — Constitutional and Fundamental Rights | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 20.08.2019

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

and

¶6

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶7

Writ Petition No.24157 of 2019

M.Balachandar

... Petitioner

The Revenue Divisional Officer, Ponneri, Thiruvallur District.

¶12

The Tahsildar, Ponneri, Thiruvallur District. 3. The Inspector of Police, Kavarapettai Police Station, Thiruvallur District. ... Respondents

¶13

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 Tractor bearing Registration No.TN-18-F-3098 which was seized on 19.11.2018 by the third respondent herein.

¶14

For Petitioner : Mr.B.Dinesh Kumar For Respondents : Mr.E.Bala Murugan Special Government Pleader ORDER [Order was delivered by R.SUBBIAH, J]

¶15

Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, , directing the respondents to release the petitioner Tractor bearing Registration No.TN-18-F3098 which was seized on 19.11.2018 by the third respondent herein.

¶16

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

¶17

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.

¶18

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

¶19

4.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.

¶20

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.

¶21

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):

¶22

(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.

¶23

(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.

¶24

(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.

¶25

(iv)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

¶26

(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶27

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

¶28

Assistant Registrar

¶29

//True Copy//

¶30

Sub Assistant Registrar

¶31

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

¶32

¶33

The Revenue Divisional Officer, Ponneri, Thiruvallur District.

¶34

The Tahsildar,

¶35

Ponneri, Thiruvallur District.

¶36

The Inspector of Police, Kavarapettai Police Station, Thiruvallur District.

¶37

+1 cc to M/s.R.Dinesh Kumar,Advocate Sr.No.70535
+1cc The Government Pleader Sr.No.71163

¶38

AKM/ 27.08.19/ 3P-6C /
Writ Petition No.24157 of 2019

¶39

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

M.Balachandar v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

M.Balachandar v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Vijaya Raghavan Vs The Tamilnadu State Level

P.Santhi Vs The Additional Director of Medical

Minor M.Harthi, Vs The Tamilnadu

N.G.Jayanthi Vs The Sub Collector

C.Vasantha Kumar, Vs The Revenue Divisional Officer

Hemanath @ Rajasekar Vs The Revenue Divisional Officer