Partly allowed

R.Vijayan v. The Revenue Divisional Officer

Madras HC26 Aug 2019WP/24738/2019

Case brief

AI extract

What is this about?

The Court directed the respondents to release the petitioner's seized vehicle within 7 days, subject to a non-refundable fine deposit, a personal bond with sureties, an undertaking for future legal use, ownership restriction, and cooperation in the enquiry.

What did the court decide?

Release of the seized tractor and tipper vehicle within 7 days subject to payment of a Rs. 75,000 deposit, execution of a Rs. 10,000 bond, and an undertaking.

R.Vijayan Vs The Revenue Divisional Officer — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.24738 of 2019

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R.Vijayan
S/o.Rathinam ...Petitioner
Vs
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Ranipet, Vellore District.
2.The Inspector of Police,
Ponnai Police Station,
Vellore 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 petitioner's unregistered Mahindra 575 Bp P+ Tractor and Tipper vehicle bearing Engine and Chassis No. ZGJ3MAA3516 and hand over to the Petitioner based on his representation dated on 06.06.2019.

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For Petitioner : Mr.G.Nirmalkrishnan For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader *****

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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 the respondents to release the petitioner's unregistered Mahindra 575 Bp P+ Tractor and Tipper vehicle bearing Engine and Chassis No. ZGJ3MAA3516 and hand over to the Petitioner based on his representation dated on 06.06.2019.

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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, Respondents have seized vehicle in question on 28.02.2019 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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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 two previous cases.

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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)Since petitioner has two previous cases, petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) before the jurisdictional Tahsildar concerned as nonrefundable 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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https://hcservices.ecourts.gov.in/hcservices/

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

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With the above observations and directions, this Writ
Petition is disposed of. No costs.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
ebsi
To
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Ranipet, Vellore District.
2.The Inspector of Police,
Ponnai Police Station,
Vellore District.
+1cc to Mr.G.Nirmalkrishnan Advocate, S.R.No.73196
+1cc to the Government Pleader, S.R.No.74070
SR(CO)
CB(05/09/2019)
Writ Petition No.24738 of 2019

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

R.Vijayan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

R.Vijayan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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