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C.Kannan v. The District Collector

Madras HC21 Aug 2019WP/24525/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the delay in release of a seized tipper lorry. The vehicle was to be released within seven days subject to conditions including deposit, bond, and undertaking not to use it for illegal activities.

What did the court decide?

Release of seized vehicle to petitioner under specified conditions including deposit of Rs.10,000/ and execution of bond.

C.Kannan Vs The District Collector — Pension and Retirement Benefits | 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.24525 of 2019

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C.Kannan
S/o.Late Chinnasamy ...Petitioner
Vs
1.The District Collector,
Office of Collectorate, Salem.
2.The Revenue Divisional Officer,
Office of Revenue Divisional Office,
Sankari Division, Salem District.
3.The Assistant Director,
Geology and Mining,
District Collectorate compound.
4.The Inspector of Police,
Mahudanchavadi Police Station,
Salem 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., Tipper Lorry bearing Registration No.TMK.4737, seized by second respondent on 11.07.2019 and consider the petitioner's representation dated 12.07.2019.

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus sirecting respondents to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TMK.4737, seized by second respondent on 11.07.2019 and consider the petitioner's representation dated 12.07.2019.

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

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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 11.07.2019 on the ground of illegal carrying of pebbles 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 pebbles 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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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
gm
To
1.The District Collector,
Office of Collectorate, Salem.
2.The Revenue Divisional Officer,
Office of Revenue Divisional Office,
Sankari Division, Salem District.
3.The Assistant Director,
Geology and Mining,
District Collectorate compound.
4.The Inspector of Police,
Mahudanchavadi Police Station,
Salem District.
+1 cc to Government Pleader sr 72705
+1 cc to Mr.E.C.Ramesh Advocate sr71361
Writ Petition No.24525 of 2019
pp(co)
aa05/09/2019

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

C.Kannan v. The District Collector

Case brief

What is this about?

What did the court decide?

C.Kannan v. The District Collector

Case brief

What is this about?

What did the court decide?

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