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K.Balu v. The Thasildhar

Madras HC21 Aug 2019WP/24158/2019

Case brief

AI extract

What is this about?

Court granted a writ of mandamus directing the respondent Tahsildar to release the petitioner's seized tipper lorry within 7 days, subject to depositing a refundable sum, executing a personal bond with sureties, giving an undertaking against future illegal use, and participating in the authority's enquiry.

What did the court decide?

Directed respondent to release vehicle within 7 days subject to deposit of Rs.50,000, execution of personal bond with sureties, undertaking against illegal use, and participation in enquiry.

K.Balu Vs The Thasildhar — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.08.2019

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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.24158 of 2019

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K.Balu S/o.Kannappan ...Petitioner Vs The Tahsildar, Kudavasal Taluk, Thiruvarur District. ... Respondent

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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 respondent to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-31-H-5006, which is kept in the custody of respondent, to the petitioner.

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For Petitioner : Mr.U.Karunakaran For Respondent : Mr.K.S.Suresh Government Advocate 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 respondent to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-31-H-5006, which is kept in the custody of respondent, to the petitioner.

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

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According to petitioner, the vehicle in question was seized on 15.06.2019 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 respondent. 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 Government Advocate for respondent 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 respondent 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 respondent is 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 respondent/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 respondent and also the trial Court, failing which the respondent/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 respondent. With the above observations and directions, this Writ

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Petition is disposed of. No costs.

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Assistant Registrar(CO)

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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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The Tahsildar, Kudavasal Taluk, Thiruvarur District.

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+1cc to the Government Pleader Sr.72147

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+1cc to Mr.U.Karunakaran, Advocate Sr.71962

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Writ Petition No.24158 of 2019
kk[co]
srg 04/09/2019

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

K.Balu v. The Thasildhar

Case brief

What is this about?

What did the court decide?

K.Balu v. The Thasildhar

Case brief

What is this about?

What did the court decide?

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